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16 December 2013
Connecticut School Teacher Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that RICHARD DOYLE, 64, of Litchfield, waived his right to indictment and pleaded guilty today before U.S. Magistrate Judge Thomas P. Smith in Hartford to one count of receipt and distribution of child pornography. At the time of his arrest in December 2012, DOYLE was employed as a teacher at a private school in Connecticut.
“This defendant received thousands of images portraying the sexual abuse of children,” stated U.S. Attorney Daly. “The fact that this heinous crime was committed by a teacher, whose profession is committed to the well-being of children, makes it especially disturbing. I commend the FBI and the Connecticut Child Exploitation Task Force for investigating this matter, and the work they do every day to investigate these crimes and protect children.”
According to court documents and statements made in court, in late October 2012, a law enforcement agent logged into a publicly available Internet file sharing program and downloaded images of child pornography from shared directories maintained by DOYLE. On December 4, 2012, the FBI executed a search warrant at DOYLE’s Litchfield residence. DOYLE was arrested after he admitted that, for at least two years, he had used the identified peer-to-peer program to obtain and trade child pornography with other individuals over the Internet. DOYLE further admitted that he had been viewing child pornography since the 1970’s, had used other computer programs to trade child pornography, and had purchased magazines containing child pornography.
DOYLE indicated that he had thousands of child pornography images in his collection, with some of boys as young as five, six or seven years old. He directed the FBI to a plastic container hidden under his workbench in the basement of his home, and indicated that the thumb drives in that container comprised his collection of child pornography, with the exception of some magazines that were still in the attic.
DOYLE stated that he only used his home computer system to download and view child pornography and never used his computer at the school where he was employed.
Pursuant to the search warrant, law enforcement seized a desktop computer and seven thumb drives. Examination of the computer and thumb drives revealed in excess of 4,000 image files and approximately six video files of child pornography.
DOYLE is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on March 10, 2014, at which time he faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 20 years.
This case is being investigated by the Federal Bureau of Investigation and the Connecticut Child Exploitation Task Force, which includes federal, state and local law enforcement agencies, including the New Haven Police Department. The Connecticut State Police has assisted the investigation. The case is being prosecuted by Assistant U.S. Attorney Ray Miller.
The Connecticut Child Exploitation Task Force, which is housed at the main FBI office in New Haven, investigates crimes against children occurring over the Internet, and provides computer forensic review services for participating agencies. For more information about the Task Force, or to report child exploitation crimes, please contact the FBI at 203-777-6311.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
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(203) 821-3722 [email protected]Connecticut Correction Officer Who Attempted to Smuggle Drugs into Prison Is SentencedRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ARCOLAIN FOUNTAIN, 47, of Hamden, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to three years of probation for attempting to smuggle oxycodone into the prison where he was employed. FOUNTAIN was also ordered to perform 300 hours of community service.
According to court documents and statements made in court, FOUNTAIN was a correction officer at Cheshire Correctional Institution in Cheshire. On July 17, 2012, FOUNTAIN met with an undercover officer with the Statewide Narcotics Task Force at a commuter lot off Interstate 84 in Southington to accept what he believed were 90 oxycodone pills. FOUNTAIN was planning to smuggle the oxycodone pills into the Cheshire Correctional Institute and deliver them to an inmate housed there. During the meeting with the undercover officer, FOUNTAIN also accepted $450 in cash and a quantity of Ecstasy pills as payment for delivering the oxycodone to the inmate. FOUNTAIN was arrested at that time.
On December 18, 2012, FOUNTAIN waived his right to indictment and pleaded guilty to one count of attempting to possess with the intent to distribute a controlled substance.
This matter was investigated by the Statewide Narcotics Task Force, the Connecticut Department of Correction and the Cheshire Police Department, with the assistance of the Federal Bureau of Investigation. The case was prosecuted by Special Assistant U.S. Attorney Michael W. Ahearn.
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(203) 821-3722 [email protected]Columbia Man Indicted for Illegal FirearmRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Columbia, Mo., man has been indicted by a federal grand jury for illegally possessing a firearm.
Channing Tyler Williams, 20, of Columbia, was charged in a three-count indictment returned by a federal grand jury in Jefferson City, Mo., on Wednesday, Dec. 11, 2013.
The federal indictment alleges that Williams was in possession of a Ruger .45-caliber semi-automatic pistol on Nov. 21, 2013. Williams, who has a prior felony conviction for unlawful use of a weapon, was charged with being a felon in possession of a firearm. Williams was also charged with being an unlawful user of a controlled substance in possession of a firearm, and with possessing a stolen firearm.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Anthony P. Gonzalez. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Boone County, Mo., Sheriff’s Department and the Columbia, Mo., Police Department.Citizen of Honduras Sentenced to 38 Months in Prison for Illegally Reentering U.S. After DeportationRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MARIO MEJIA, 38, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 38 months of imprisonment for illegally reentering the U.S. after he was deported.
According to court documents and statements made in court, MEJIA, a citizen of Honduras last residing in Stamford, has never held legal status in the U.S. In April 2003, he was convicted in Connecticut Superior Court of first degree assault, a conviction that stemmed from an incident that took place outside a restaurant in Stamford in July 2002, when MEJIA struck a victim in the head with what witnesses identified as a rock, causing a skull fracture, internal bleeding and other injuries. After serving more than three years in prison, he was deported to Honduras in October 2006. MEJIA illegally reentered the U.S. in approximately 2009.
MEJIA has been detained since March 6, 2013, when he was arrested by Stamford Police on a larceny charge. He has been detained since his arrest. On July 24, 2013, he pleaded guilty to one count of illegal reentry of a removed alien.
This matter was investigated by U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations. The case was prosecuted by Assistant U.S. Attorney Deborah R. Slater.
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(203) 821-3722 [email protected]Chili Man Sentenced on Child Exploitation ChargesRead the Press Release
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul announced today that Michael Covello, 43, of Chili, N.Y., who was convicted of the sexual exploitation of children, was sentenced to 15 years in prison and 15 years of supervised release, by U.S. District Court Judge David G. Larimer.
Assistant U.S. Attorney Marisa J. Miller, who handled the case, stated that the defendant distributed child pornography, via a peer-to-peer file sharing network, to an undercover FBI agent in May and June 2012. Thereafter, FBI agents executed a search warrant at the Covello’s home in Chili, where they recovered items of digital media. The items seized contained images of children, many of whom were under the age of 12, engaged in sexually explicit conduct, and many of which depicted acts of violence.
The defendant was previously convicted of sexual abuse, 1st degree in Monroe County.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.Ceo Sentenced to 30 Months in $2.5 Million Securities Fraud Involving Florida Software CompanyRead the Press Release
San Diego, CA - United States Attorney Laura E. Duffy announced that John G. Rizzo, the CEO of iTrackr Systems, was sentenced to 30 months in prison by U.S. District Judge Larry Alan Burns for illegally manipulating the stock market in connection with millions of shares of his Florida-based company. Judge Burns also sentenced Rizzo to pay restitution to the victims in the amount of $2,669,353.
As set forth in his Plea Agreement, in early 2006, Rizzo agreed to raise money for a Florida software company called iTrackr, which developed software to track inventory of electronics, such as the Xbox or other gaming systems, at retail stores. Beginning in late 2008, Rizzo and his co-conspirators used the services of offshore “boiler rooms” to solicit investments for the company’s “penny stock.” Unknown to investors, the boiler rooms failed to disclose that only 20% of each investment would go to iTrackr, with the rest being paid to the boiler rooms as commission.
As part of that scheme, Rizzo used a shell company in the British Virgin Islands (“BVI”), and a bank account in Belize. Rizzo sold millions of shares of iTrackr stock through his BVI company in order to avoid U.S. securities registration requirements and disguise the fact that almost all the investor funds were being diverted to the boiler rooms. In addition, Rizzo used a complex array of different entities to conceal the fact that he was the one selling the shares, rather than the shares being sold by independent third party investors. One of the business entities used by Rizzo to transfer funds in furtherance of the scheme was located in San Diego.
During 2009 alone, approximately 120 victims in the United Kingdom invested a total of approximately $2.5 million in iTrackr through Rizzo’s scheme.
Also sentenced today in a related case was Maureen Marant, who worked as Rizzo’s administrative assistant at iTrackr. Marant pleaded guilty to conspiring with Rizzo to commit wire fraud. In her Plea Agreement, she admitted to posing as the director of a fictitious escrow company; and interacting with the victim investors by sending them stock purchase agreements, wiring instructions, and other paperwork. For her role in the scheme, Marant was sentenced to five years of probation, and ordered to pay restitution in the amount of $333,755.
On October 15, 2013, in another related case, Judge Burns imposed sentence on David Bahr, a Rancho Santa Fe consultant who conspired to fraudulently manipulate and artificially inflate iTrackr’s stock. In his Plea Agreement, Bahr admitted that he arranged for the sale to a broker of $2.5 million in shares of iTrackr, and agreed to pay that broker a secret kickback of $750,000. The purpose of the arrangement was to artificially inflate iTrackr stock as part of a “pump and dump” scheme. After pleading guilty to conspiring to commit securities fraud, Bahr was sentenced by Judge Burns to 18 months in prison, and ordered to pay a fine of $65,000.
United States Attorney Laura E. Duffy once again cautioned the public that they need to be vigilant against all forms of illegal stock manipulation, especially in the penny stock markets. Duffy praised the hard work of the agents from the Federal Bureau of Investigation and the Internal Revenue Service for their efforts, and the continuing support of the Securities and Exchange Commission for their expertise and guidance.
FBI Special Agent in Charge Daphne Hearn, commented, “Today's sentencing sends a clear message to those who would defraud the public through deceit and false claims. The FBI and our law enforcement partners will aggressively pursue you and stop you from lining your pockets at the expense of others.” The public can contact the FBI at telephone number (858) 320-1800, to report investment fraud scams and other criminal activity.
DEFENDANT Case No. 13-CR-2823-LAB John G. RizzoConvicted of violating Title 18, United States Code, Section 1349 - Conspiracy to Commit Wire Fraud. Sentenced to 30 months in prison; three years of supervised release; restitution of $2,669,353; special assessment of $100.
RELATED CASES Case No. 13-CR-2861-LAB Maureen Marant Age: 47 Lantana, FloridaConvicted of violating Title 18, United States Code, Section 1349 - Conspiracy to Commit Securities fraud. Sentenced to five years of probation; restitution of $333,755; special assessment of $100.
Case No. 13-CR-2198-LAB David Bahr Age: 54 Rancho Santa Fe, CaliforniaConvicted of violating Title 18, United States Code, Section 1349 - Conspiracy to Commit Securities fraud. Sentenced to 18 months in prison; three years of supervised release; fine of $65,000; special assessment of $100.
PARTICIPATING AGENCIESFederal Bureau of Investigation
Internal Revenue ServiceCambridge Pharmacy Robber IndictedRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Friday Russell John Thaxton, 48, of Morrisville, was presented in United States District Court for arraignment on an indictment charging him with pharmacy robbery. Thaxton entered a not guilty plea. United States Magistrate Judge John M. Conroy granted the government=s motion to detain Thaxton pending trial.
According to court records, on August 29, 2013, Vermont State Police (VSP) responded to a reported robbery at the Kinney Drug pharmacy in Cambridge. After obtaining statements from store employees and customers, VSP stopped a vehicle matching the description provided by the witnesses and arrested Russell John Thaxton, 48, and Jennifer Stancliff, 30, both of Morrisville, and Amanda Tetreault, 31, of Eden. Lamoille County State=s Attorney charged all three in state court. After further investigation by VSP and the Drug Enforcement Administration (DEA), on December 5, 2013, a federal grand jury indicted Thaxton for robbing the pharmacy of controlled substances valued at more than $500.
If convicted of the crime charged in the indictment, Thaxton faces a potential sentence of up to 20 years in prison. Any actual sentence will be determined by the sentencing court in accordance with the advisory federal sentencing guidelines and federal law. United States Attorney Tristram J. Coffin cautioned that Thaxton is presumed innocent until proven guilty in court.
U.S. Attorney Coffin commended the investigation by VSP and DEA, and thanked State=s Attorney Page for his cooperation. Thaxton is represented by the Office of the Federal Public Defender. The case is being prosecuted by Assistant U.S. Attorney Craig S. Nolan.
Burlington Man to Serve Fourteen Years in Prison for Cocaine Conspiracy and Money LaunderingRead the Press Release
The United States Attorney’s Office announced that on Monday, December 16, 2013, Ramell Holder, 36, of Burlington, Vermont, was sentenced to 168 months, or fourteen years, in prison by the Honorable William K. Sessions III. Holder had previously pleaded guilty to conspiracy to distribute 500 grams or more of cocaine and money laundering. Holder also agreed to forfeit to the government approximately $24,000, a 2004 Land Rover, and a parcel of land in Richford, Vermont.
According to court documents, Holder’s involvement in cocaine started in 1998 and in 2004, when he was involved with distributing drugs with his uncles, Clayton and Edward Sinclair. Clayton and Edward Sinclair were later convicted on federal drug conspiracy charges and sentenced to 151 months in prison. By 2010, the DEA had officially opened a case against Holder for his involvement in cocaine distribution. From November 2011 to February 2012, the DEA, using a confidential source, purchased 442.3 grams of cocaine from Holder at his residence on Calarco Court in Burlington. The DEA investigation later revealed that Holder had trafficked between 15 and 50 kilograms of cocaine to Vermont between 2007 to 2012. Holder also used violence during the offense in a dispute with one of his drug distributors over payment for cocaine.
The grand jury in Burlington returned an indictment against Holder and others in November 2012. Holder was initially released on personal recognizance but later detained after allegations surfaced that he committed fraud against the Home Depot while on release. At sentencing, Holder’s Guidelines were 262-327 months. The government asked the Court for a 20 year sentence and the Court imposed a sentence of 168 months (14 years). One important factor in the Court’s sentencing decision was that Holder had never served any time in jail before the instant offense.
The case was investigated by the DEA, HSI, Border Patrol, U.S. Marshals Service, the Vermont State Police, Burlington PD, South Burlington PD, Colchester PD, Essex PD, Milton PD and the DEA Financial Investigations Team. Assistant United States Attorney Wendy L. Fuller prosecuted the case.
Brothers Sentenced to Prison for Defrauding Churches, Non-Profit Organizations, and Small BusinessesRead the Press Release
WILMINGTON, Del. – Charles M. Oberly, III, United States Attorney for the District of Delaware, announced today that Barrett Staton, 36, of Nokomis, Florida and his brother, Matthew Staton, 37, of Perkiomenville, Pennsylvania, were sentenced on December 13, 2013, in federal court for defrauding numerous Pennsylvania and Florida-based churches, non-profit organizations, and small businesses. Barrett Staton was sentenced to 108 months in prison, five years supervised release, and ordered to pay $2,070,529.74 in restitution. Matthew Staton was sentenced to 60 months in prison, three years supervised release, and ordered to pay $1,967,926.10 in restitution. Following a thirteen-day jury trial in July 2012, the defendants were convicted of conspiracy to commit wire fraud, as well as various counts of wire and mail fraud. Barrett Staton was also convicted of making a false statement in a loan document. The defendants, led by Barrett Staton, operated businesses that supplied copy machines to churches, non-profit organizations, and other small businesses throughout Harrisburg, Lancaster, Montgomery, and Philadelphia counties in Pennsylvania, as well as in and around Sarasota, Florida.
The defendants engaged in a multifaceted scheme to defraud businesses and organizations by: (1) altering signed lease agreements to include additional copy machines or features that the customers did not order and never received, thus increasing the lump sum payment received from the financing companies; (2) enticing customers into agreeing to a new lease by offering to pay off any old copy machine leases and to provide free maintenance and service, and then failing to either pay off the customer’s old lease or to provide free maintenance or service; and (3) inducing existing customers to complete new leasing applications under the guise of “refinancing” the lease on existing copy machines, and then submitting the new leasing application to an entirely different leasing company, thereby collecting a second lump sum payment and obligating the customer to two separate lease payments on the same copy machine.The court found that there were over fifty institutional victims, mostly churches, non-profit organizations, and other small businesses, with losses exceeding $2 million. Evidence introduced at sentencing showed that the defendants operated a sophisticated scheme that employed sham companies, used fictitious names to conceal the defendants’ identities, and relocated the scheme from Pennsylvania to Florida to avoid law enforcement. In total, the defendants ran this fraudulent scheme for over seven years until law enforcement successfully ended their fraud.
U.S. Attorney Oberly congratulated both the FBI and Assistant United States Attorneys Jaime M. McCall and Mark M. Lee for the complex investigation and prosecution of this case, which took several years and the review of thousands of documents. The Staton brothers preyed upon vulnerable churches and non-profits, as well as small businesses in a particularly devious manner in an attempt to enrich themselves. Now both will have years in prison to contemplate their crimes.
The investigation was handled by the Federal Bureau of Investigation. The prosecution of the case was handled by Assistant United States Attorneys Jamie M. McCall and Mark M. Lee.Brant Lake Man Sentenced to One Year in Jail for Tax EvasionRead the Press Release
ALBANY, NEW YORK – STUART ALAN MEAD (61, of Brant Lake New York) was sentenced on December 12, 2013 by Senior United States District Court Judge Lawrence E. Kahn to 1 year of incarceration, 2 years of supervised release, 200 hours of community service, and a $5,000 fine for evading federal income tax announced United States Attorney Richard S. Hartunian and Toni M. Weirauch, Special Agent-in-Charge, Internal Revenue Service, Criminal Investigation, New York Field Office. MEAD was also ordered to pay $94,601 in restitution to the United States.
As MEAD admitted during his August 29, 2013 guilty plea, between April of 2006 and August of 2010, he attempted to conceal the nature and extent of his assets from the Internal Revenue Service by underreporting the amount of income he earned for rental property he owned in Brant Lake.
This prosecution resulted from an investigation conducted by the Internal Revenue Service, Criminal Investigation.
Bank Former Branch Manager in Garden City Sentenced for EmbezzlementRead the Press Release
WICHITA, KAN. A former branch manager at Landmark National Bank in Garden City, Kan., has been sentenced for embezzling more than $99,000 from the bank, U.S. Attorney Barry Grissom said today.
Sheri L. Green, 52, Garden City, Kan., was sentenced Monday to three years supervised release and ordered to pay $99,060 in restitution.
She pleaded guilty to one count of misapplication of bank funds by a bank employee. In her plea, she admitted that in December 2012 while she was employed as branch manager for Landmark National Bank in Garden City the bank discovered she had embezzled approximately $99,600 from the bank to cover her gambling losses. She took the money by shifting money between customer accounts. Several customers had noticed irregular entries in their bank statements and complained to Green. She corrected the withdrawals by shifting money from other accounts to the complaining customer’s accounts to cover her tracks.
Grissom commended the FBI and Assistant U.S. Attorney Barry Grissom for their work on the case.
Bahamian and Jamaican Nationals Charged with Marijuana ImportationRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Mark R. Trouville, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division, announce the indictment of Quinton Jamal Mitchell, 31, from Sweeting’s Cay Settlement, Green Turtle Cay, Bahamas, and LeRoy Anthony Edwards, 56, from Kingston, Jamaica. Mitchell and Edwards were arraigned on multiple counts before U.S. Magistrate Judge Frank J. Lynch, Jr. Edwards was detained as a risk of flight and a danger to the community.
Mitchell and Edwards are charged with conspiring to and importing 100 kilograms or more of marijuana, in violation of Title 21, United States Code, Sections 952 (a), 963 and 960(b)(2)(G). They are also charged with conspiring to and possessing with intent to distribute 100 kilograms or more of marijuana, in violation of with Title 21, United States Code, Sections 841 (a), 846 and 841(b)(1)(B)(vii). If convicted on either of the conspiracy charges, they face a mandatory minimum of five years in prison and up to a maximum of 40 years in prison, four years to a lifetime of supervised release, and a maximum fine of $5,000,000. Mitchell is also charged with encouraging aliens to come to the United States, causing serious bodily injury, and placing lives in jeopardy in violation of Title 8, United States Code, Sections 1324(a)(1)(A)(iv), 1324(a)(1)(A)(v)(II) and 1324(a)(1)(B)(iii). If convicted, he faces up to a maximum of 20 years in prison, up to three years of supervised release, and a maximum fine of $250,000. Edwards is also charged with being a removed alien after deportation, in violation of Title 8, United States Code Section, 1326(a)(1) and faces up to two years in prison, up to one year of supervised release, and a maximum fine of $250,000.
According to the allegations in the criminal complaint, a vessel capsized in the waters off Jupiter Island, Florida, and three males swam to shore, including Mitchell. Upon arriving to shore, Mitchell ran away from the scene. A second male later identified as LeRoy Anthony Edwards, was rescued from the surf and resuscitated by a good samaritan. Quinton Mitchell was identified as the boat captain. Before running off, Mitchell told the good samaritan that there had been a total of four males on the boat.
Mitchell was later captured by Jupiter Island Police Department Officers and Martin County Sheriff’s Office Deputies, who responded to the area and found the beach littered with white bales and blue gas cans, and the partially submerged boat approximately 200 feet from the shoreline.
Martin County Sheriff’s Office Crime Scene investigators found that the recovered bales contained marijuana, weighing approximately 236 kilograms. Authorities are still searching for the other passengers that were on-board the boat.
Mr. Ferrer commended the investigative efforts of ICE-HSI, DEA, the Jupiter Island Police Department, the Martin County Sheriff’s Office, U.S. Customs and Border Protection, and Florida Fish and Wildlife. The case is being prosecuted by Assistant U.S. Attorney Carmen Lineberger.
An indictment is only an accusation, and a defendant is presumed innocent unless and until proven guilty.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Albuquerque Man Sentenced to Ten Years for Unlawfully Possessing a FirearmRead the Press Release
ALBUQUERQUE – Christian Alexander Sangiovanni, 33, of Albuquerque, N.M., was sentenced to ten years in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.
Sangiovanni was arrested in Aug. 2012, on an indictment charging him with being a felon in possession of a firearm and ammunition. The indictment alleged that Sangiovanni unlawfully possessed a firearm and ammunition on April 25, 2010, in Bernalillo County, N.M. At the time, Sangiovanni was prohibited from possessing firearms or ammunition because he previously had been convicted of the following three felony offenses in the 12th Judicial District Court for the State of New Mexico: embezzlement in 2000; sexual exploitation of children in 2001; and battery on a police officer in 2003. He also previously had been convicted of possession of heroin with intent to distribute in the 4th Judicial District Court for the State of New Mexico in Guadalupe County in 2005.
Sangiovanni was convicted on March 20, 2013, after a jury trial where the evidence established that on April 25, 2010, Sangiovanni brandished a firearm at a 17-year-old high school student in a car outside a convenience store in the Northeast Heights of Albuquerque. While brandishing the firearm, Sangiovanni threatened to kill first the teenager and then himself. Later that night, Sangiovanni sent the teenager an E-mail in which he threatened her against telling anyone about the violent encounter. Thereafter, Sangiovanni E-mailed the teenager photographs of himself holding a pistol to his head. On April 26, 2010, the teenager and her mother contacted the police and reported Sangiovanni’s threats against the teenager and provided the E-mails containing the threats and photographs of Sangiovanni holding the pistol to his head.
On May 3, 2010, after Sangiovanni continued to send threatening E-mails to the teenager, officers executed an arrest and search operation at a residence where Sangiovanni was staying. After arresting Sangiovanni on state charges, the officers found a Smith & Wesson, model 459, 9mm pistol with an extended magazine that contained rounds of ammunition. The pistol subsequently was identified by the teenager as the weapon that Sangiovanni brandished at her on April 25, 2010.
The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Norman Cairns.
14 December 2013
Antun Lewis Convicted of Arson for Setting Fire That Killed Nine PeopleRead the Press Release
A federal jury found Antun Lewis guilty of setting the May 2005 fire that killed nine people in Cleveland, Ohio, said United States Attorney Steven M. Dettelbach announced today.
Lewis, 29, of Cleveland, is scheduled to be sentenced March 18, 2013. He was convicted of one count of arson in U.S. District Court in Cleveland.
“Justice took a longer time coming, but justice was delivered,” Dettelbach said. “This case came about because of the incredible work and cooperation from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cleveland Police and Fire Departments and the prosecutors in the U.S. Attorney’s Office.”
“We hope this verdict brings some small measure of comfort to the families of the deceased,” Dettelbach said.
“This case highlights the fact that arson is a violent crime capable of destroying lives in addition to property,” said Michael Boxler, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, Columbus Field Division. “The ATF agents and prosecutors in this case were unwavering in their dedication to the victims and their pursuit of justice.”
The arson at 1220 East 87th Street on May 21, 2005, killed eight children and one adult, making it the deadliest intentionally set fire in Cleveland’s history. It occurred during a children’s sleepover birthday party, according to trial testimony.
Killed were: Fakih Jones, age 7; Malee’ya Williams, age 12; Shauntavia Mitchell, age 12; Earnest Tate, Jr., age 13; Miles Golden Cockfield, age 13; Antwon Jackson, Jr., age 14; Moses Williams Jr., age 14; Devonte Carter, age 15, and Medeia Carter, 33.
This case is being prosecuted by Assistant U.S. Attorneys David J. Sierleja, Robert W. Corts, Michael L. Collyer following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Cleveland Police Department and Cleveland Fire Department.
13 December 2013
Wichita Man Charged in PlotTo Explode Car Bomb at AirportRead the Press Release
A Wichita man has been charged in federal court with attempting to explode a car bomb at Wichita Mid Continent Airport, John Carlin, Acting Assistant Attorney General for National Security and U.S. Attorney Barry Grissom announced today. The defendant was arrested as part of an FBI undercover investigation, and the device used by the defendant was, in fact, inert and at no time posed a danger to the public.
Terry Lee Loewen, 58, Wichita, Kan., is charged in a criminal complaint filed today in U.S. District Court in Wichita with one count of attempting to use a weapon of mass destruction, one count of attempting to damage property by means of an explosive and one count of attempting to provide material support to a designated foreign terrorist organization.
“There was no breach of Mid-Continent’s Airport’s security,” said U.S. Attorney Grissom. “At no time was the safety of travelers or members of the public placed in jeopardy.”
Loewen, who works as an avionics technician, is alleged to have spent months developing a plan that involved using his access card to airport grounds to drive a van loaded with explosives to the terminal. He planned to pull the trigger on the explosives himself and die in the explosion.
Agents arrested Loewen about 5:40 a.m. Friday after he attempted to enter the airport tarmac and deliver a vehicle loaded with what he believed were high explosives. Members of the FBI’s Joint Terrorism Task Force (JTTF) took him into custody without incident.
Loewen has been under investigation by the Wichita Joint Terrorism Task Force since early summer 2013. It is alleged that, prior to his attempted attack, he made statements that he was resolved to commit an act of violent jihad against the United States. Over a period of months, he took a series of actions to advance the plot. According to an affidavit filed in support of the criminal complaint, Loewen:- Studied the layout of the airport and took photographs of access points.
- Researched flight schedules.
- Assisted in acquiring components for the car bomb.
- Talked about his commitment to trigger the device and martyr himself.
On Friday, Loewen went to Mid-Continent Airport to detonate the car bomb. He was taken into custody when he attempted to open a security access gate. FBI Evidence Response Teams are executing search warrants related to the case. Although the investigation is ongoing, no additional arrests are anticipated.
FBI SAC Michael Kaste stated “Lone wolves - home grown violent extremists remain a very serious threat to our nation’s security. Today’s arrest emphasizes the continual need for the public to remain vigilant as law enforcement relies on the public’s assistance.”
If convicted, Loewen would face a maximum penalty of life in federal prison
The investigation was conducted by the Wichita FBI Joint Terrorism Task Force, which includes members from the FBI, Sedgwick County Sheriff’s Office and Kansas Highway Patrol. Assisting with the investigation were the FBI Kansas City Division, the Transportation Security Administration, the Wichita Airport Authority, the Wichita Police Department.
The case is being handled by prosecutors from the United States Attorney’s Office and the Justice Department’s National Security Division.
In all cases, defendants are presumed innocent until and unless proven guilty. The charges merely contain allegations of criminal conduct.Week in Review – South BendRead the Press Release
South Bend, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
DISPOSITIONS:
Decarlo Knighten, 36, of La Porte, Indiana was sentenced by District Judge Jon E. DeGuilio to 57 months imprisonment with 3 years supervised release after pleading guilty to the felony offense of being a felon in possession of a firearm.According to documents filed in this case, in April 2013, Knighten possessed a Colt Python .357 magnum revolver at his residence. Knighten has two prior felony drug dealing convictions and one misdemeanor conviction.. This case was the result of an investigation by Drug Enforcement Administration.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
James Tolson, 39, of Wabash, Indiana was sentenced by District Judge Jon E. DeGuilio to 21 months imprisonment with 3 years supervised release after pleading guilty to the felony offense of being a felon in possession of a firearm.According to documents filed in this case, in March 2012, Tolson had in his possession a Hi-Point handgun in Wabash, Indiana.Tolson has previous convictions. This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Week in Review – HammondRead the Press Release
Hammond, Indiana - The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS:
Brandon Jackson, 29, of Hammond, Indiana, pled guilty before Senior District Judge James Moody to the felony offense of possession of a firearm by a convicted felon.This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hammond Police Department.This case is being prosecuted by Assistant United States Attorney Thomas McGrath.
Percy Spurlock, 59, of Gary, Indiana, pled guilty before Senior District Judge James Moody to the felony offense of possession with the intent to distribute crack cocaine.This charge was filed as a result of an investigation by the Federal Bureau of Investigation GRIT Task Force.This case is being prosecuted by Assistant United States Attorney Jennifer Chang-Adiga.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS:
Anthony Cerrillos, 45, of, East Chicago, Indiana, was sentenced by Senior District Judge James Moody to 12 months imprisonment, 2 years of supervised release and restitution of $10,000.00 to Dean Foods after pleading guilty to the felony offense of conspiracy to transport stolen goods that had a value in excess of $5,000.00.According to documents filed in this case, in August of 2011, Cerrillos and his brother, Brian Cerrillos, stole a refrigerated milk trailer from a dairy distributor in Hammond, Indiana. They then traveled to Illinois and sold the milk at different convenience stores for a profit. This case was the result of an investigation by the Federal Bureau of Investigation and the Hammond Police Department.This case was prosecuted by Assistant United States Attorney Diane Berkowitz.
Miguel Herrera-Torres, 32, of Chicago, Illinois, was sentenced by Senior District Judge Rudy Lozano to 18 months imprisonment after pleading guilty to the felony offense of being found in the United States after having been deported following a conviction for an aggravated felony crime and not having obtained express consent to reapply for admission to the United States.Herrera-Torres will be subject to deportation upon release.This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Special Assistant United States Attorney Armando Salinas.
Week in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS:
Deangelo Copeland, 35, of Fort Wayne, Indiana pled guilty before Magistrate Judge Roger B. Cosbey to the felony offenses of armed bank robbery and carrying and using a firearm during and in relation to a crime of violence. Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Anthony Geller.
Amanda McBride, 31, of Fort Wayne, Indiana, pled guilty before Magistrate Judge Roger B. Cosbey to the felony offense of maintaining a drug-involved premise. Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Anthony Geller.
Brandon Peters, 25, of Fort Wayne, Indiana, pled guilty before Magistrate Judge Roger B. Cosbey to the felony offense of robbery of a controlled substance and use of firearm during and in relation to a crime of violence. Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation, the Fort Wayne Police Department and the Allen County Sherriff’s Department.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Anthony Geller.
Contrel Johnson, 23, of Fort Wayne, Indiana, pled guilty before Magistrate Judge Roger B. Cosbey to the felony offense of being a convicted felon in possession of a firearm. Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.Sentencing has not been set.This case is being prosecuted by Assistant United States Attorney Lovita Morris-King.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS:
Arturo DeLuna, 46, of Fort Wayne, Indiana was sentenced by District Judge Theresa L. Springmann to serve 37 months imprisonment with 2 years supervised release after pleading guilty to the felony offense of conspiracy to possess with intent to distribute cocaine.According to documents filed in this case, DeLuna was involved in distributing kilograms of cocaine in Fort Wayne, Indiana. This case was the result of an investigation by the Federal Bureau of Investigation.This case was prosecuted by Assistant United States Attorney Lesley Miller-Lowery.
Nicholas Zimmerman, 29, of Fort Wayne, Indiana was sentenced by District Judge Roger B. Cosbey to 3 years of probation and serving 8 months on home detention after pleading guilty to the felony offense of receiving stolen property.According to documents filed in this case, the United States Marine Corps were notified of Zimmerman being in possession of a mortar artillery round. Zimmerman intended to keep the artillery for his own personal possession or for profit via selling. This case was the result of an investigation by the United States Marines and the Fort Wayne Police Department.This case was prosecuted by Assistant United States Attorney Anthony Geller.
John Bennett, 36, of Sturgis, Michigan was sentenced by District Judge Theresa L. Springmann to serve 21 months imprisonment with 3 years supervised release after pleading guilty to the felony offense of conspiracy to distribute and possess with intent to distribute methamphetamine use of a communication facility, telephone, to facilitate in conspiracy to distribute and possess with intent to distribute methamphetamine.According to documents filed in this case, between July, 2011 and February, 2013, a large scale narcotics distribution conspiracy existed and operated in northeastern Indiana and southern lower Michigan.Bennett was obtaining quantities of methamphetamine from individuals within the distributorship for distribution to his customers.This case was the result of an investigation by the Federal Bureau of Investigation and Safe Streets Task Force.This case was prosecuted by Assistant United States Attorney Lesley Miller Lowery.
Virginia Man Pleads Guilty to Mail Fraud in Scheme That Cost His Employer More Than $100,000-Defendant Sold Unnecessary Software to His Employer-Read the Press Release
WASHINGTON - James R. Revell, 47, of Springfield, Va., pled guilty today to mail fraud for scheming to cheat his employer of more than $100,000, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Revell pled guilty in the U.S. District Court for the District of Columbia. The Honorable Ketanji Brown Jackson scheduled sentencing for March 5, 2014. The charge carries a statutory maximum of 20 years in prison. Under federal sentencing guidelines, the likely range is a sentence of 12 to 18 months in prison and a fine of up to $30,000.
According to the government’s evidence, Revell carried out a scheme between at least November 2011 and January 2012 to defraud his then-employer, the Advisory Board Company. At the time, Revell was the firm’s director for information technology. Without informing any member of the Advisory Board Company’s staff, he incorporated another company, GTM Tech. This company was set up solely to send software to the Advisory Board Company.
From November 2011 through January 2012, Revell initiated three separate and unnecessary purchase orders on behalf of the Advisory Board Company to GTM Tech that totaled $104,642. None of the programs actually provided any service or benefit.
Revell has since paid $104,642 in restitution to the company.
In announcing the plea, U.S. Attorney Machen, Assistant Director in Charge Parlave and Chief Lanier commended the work of those who investigated the case from the FBI and MPD. They also acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegal Specialist Donna Galindo and Assistant U.S. Attorney Phil Selden, who is prosecuting the case.
13-418United States Attorney's Office Says Goodbye to Two Outstanding Assistant U.S. AttorneysRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced the retirement of Assistant U.S. Attorneys Josette L. Cassiere and Robert A. “Bob” Thrall, who served in the Western District of Louisiana with more than 45 years of combined experience. Cassiere and Thrall were honored on November 21, 2013, at a retirement ceremony held at the U.S. Courthouse in Shreveport. Their last day with the office was November 30, 2013.
“We are losing talented, dedicated lawyers and public servants,” Finley stated. “Throughout their careers, Josette and Bob have played integral roles in prosecuting cases with our office. Their years of service and dedication to the Department of Justice are a true testament of their commitment to justice and the citizens of this district. They will be greatly missed, and we wish them the very best as they start the next chapters of their lives. I am grateful for their tireless advocacy on behalf of the Western District.”
Josette Cassiere began her career with the U.S. Attorney’s Office in March of 1989. She served one year in the civil division, concentrating on land condemnation cases for the Red River Waterway project and collections with the Financial Litigation Unit (FLU). From 1990 to 2001, Cassiere was responsible for all of the District’s criminal appeals to the Fifth Circuit. Beginning in 2001, she was primarily responsible for criminal appeals generated by the Shreveport Division of the office. In 23 years of appellate practice, Cassiere has filed approximately 700 briefs and argued more than 100 appeals at the Fifth Circuit, including one en banc rehearing and several cases involving res nova issues.
Cassiere received a Bachelor’s Degree in Music from Alverno College in Milwaukee, Wis., in 1970, and taught in the Elmbrook School District in Wisconsin for four years before attending law school. She received her Juris Doctorate from the Louisiana State University School of Law in 1977. Josette Cassiere and Robert Gillespie Jr., also an assistant U.S. attorney, have been married for 36 years, and have three children, Sarah, Paul and Michael.
“My time at the U.S. Attorney’s Office has been both challenging and extremely satisfying both from the perspective of service to the law and the legal system and from the perspective of service to community and country,” Cassiere stated. “It is with mixed feelings that I leave that office which, in my opinion, is one of the best law firms in this state.”
Bob Thrall began his career with the U.S. Attorney’s Office in 1991, primarily handling bankruptcy, foreclosures, and collection efforts for the FLU. He also handled defensive litigation involving federal programs and complex financial litigation. Since September 2011, Thrall handled the bankruptcy referrals for the entire District. The District has consistently been one of the 10 districts with the greatest number of Chapter 13 filings in the nation and one of the heaviest districts with overall bankruptcy filings. Although his primary clients have been the IRS and the U.S. Department of Agriculture, Thrall has handled cases and bankruptcy matters for federal agencies, to include the Small Business Administration, HUD, Department of Education, FEMA, EPA, the Army Corps of Engineers, ATF, the Federal Bureau of Prisons and the Veterans Administration.
Thrall graduated Magna Cum Laude from Louisiana Tech University with a bachelor’s degree of arts in political science in 1975 and received his Juris Doctorate from the University of Oregon’s School of Law in 1979. Bob Thrall is married to Blair Thrall, an accomplished artist. They have been married more than 17 years and have two sons, Brent and Wesley, and one daughter, Erica.
From left, Assistant U.S. Attorney Robert A. "Bob" Thrall, U.S. Attorney Stephanie A. Finley,
and Assistant U.S. Attorney Josette L. Cassiere
Two Texas-area Individuals Charged with Sex Trafficking of A Minor by Force, Fraud, and Coercion into the New Orleans AreaRead the Press Release
TAUREAN OKEITH JACKSON, a/k/a “Marvelous Rich,” “Richard Jones,” and “Richard Marvelously”, age 24, from Dallas, Texas, and ANDREA BIRDOW, age 22, from Sherman, Texas, were charged today in a five-count Indictment for offenses related to their involvement in the sex trafficking of a minor from the Dallas, Texas-area into the New Orleans area for the purposes of that minor engaging in prostitution, announced United States Attorney Kenneth Allen Polite, Jr.
According to the Indictment, in mid-June 2013, JACKSON and BIRDOW met the victim, who was 16 years-old, in the Dallas, Texas-area, and shortly thereafter recruited her to being working for JACKSON as a prostitute. Over the course of the next several weeks, JACKSON and BIRDOW drove the victim throughout Texas and Louisiana for the purpose of BIRDOW and the victim engaging in prostitution, which JACKSON advertised and arranged using an online classified advertisement. JACKSON also provided the victim with alcohol and/or illicit drugs to numb her senses, control her behavior, and encourage the victim to continue engaging in prostitution. JACKSON also controlled the victim by violence, including beating her with an extension cord and beating and choking BIRDOW in front of the victim, while telling the victim that he would do the same to her if she tried to leave him. JACKSON was the creator and host of a Dallas-area radio program entitled, “Cheap Hoes Gotta Go.” Ultimately, BIRDOW and the victim were arrested in a Metairie hotel room by undercover law enforcement officers on July 10, 2013. JACKSON was arrested in Dallas, Texas, approximately one week later. The Indictment also provides notice of an enhancement of JACKSON’S sentence upon conviction based on his prior convictions for Compelling Prostitution of an Individual Under the Age of 18and Sexual Assault of a Child lewd and lascivious assault of a minor in Dallas, Texas.
If convicted, BIRDOW faces a maximum sentence of life imprisonment, as well as a life time of supervised release, and a $250,000 fine. JACKSON faces a mandatory minimum term of imprisonment of 15 years and a maximum of life, followed by up to a life term of supervised release, and a $250,000 fine. Both BIRDOW and JACKSON can also be required to register as sex offenders.
United States Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was initiated by the Jefferson Parish Sheriff's Office and is being investigated by agents from the Federal Bureau of Investigation, with assistance from the FBI Dallas Child Exploitation Task Force, and the Dallas Police Department High Risk Victims Unit. The prosecution of this case is being handled by Assistant United States Attorney Jordan Ginsberg.
(Download Indictment )
Two Sentenced for Making False StatementsRead the Press Release
United States Attorney Brendan V. Johnson announced that two people convicted of False Statement were sentenced on December 12, 2013, by U.S. District Judge Karen E. Schreier.
Lynn Barbara Van Laar, age 65, of Worthing, South Dakota, was sentenced to time served and fined $250. Randall Jay Jurgens, age 54, of Sioux Falls, South Dakota, was sentenced to one year of probation.
Van Laar and Jurgens were indicted by a federal grand jury on June 4, 2013, for making a false statement. Van Laar pled guilty on September 9, 2013, and Jurgens pled guilty on September 10, 2013.
Both defendants made false statements to a federal agent during his investigation into a federal crime.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Randy J. Seiler and John E. Haak prosecuted the case.
Two Sentenced for Conspiring to Transport MarijuanaRead the Press Release
LAREDO, Texas - Roberto Garcia, 29, and Juan Javier Reyna, 33, both of Houston, have been sentenced to federal prison for conspiring to possess with the intent to distribute in excess of 100 kilograms of marijuana, announced United States Attorney Kenneth Magidson.
Today, U.S. District Judge George P. Kazen handed Garcia a sentence of 100 months, while Reyna received 72 months.
Between September and November 2011, Reyna worked with other co-conspirators including Garcia to transport 100-200 pounds of marijuana from Roma to Houston on at least two occasions.
On Oct. 19, 2011, Reyna was driving in tandem with a vehicle driven by Garcia. His role on that day was to provide an escort vehicle for the load of marijuana. A Department of Public Safety (DPS) trooper attempted to pull Garcia over for traffic violations. However, when the DPS trooper walked up to the vehicle, Garcia sped off and caused a three-car crash on Highway 83 at Pita Magana Road. Garcia abandoned the vehicle, which contained 14 bundles of marijuana, weighing 55.45 kilograms. Garcia then ran through a gas station and was picked up by Reyna. A high-speed chase ensued, during which Garcia opened the passenger door and fled. Reyna bailed out of the vehicle a short time later and was apprehended hiding in the brush nearby.
This case is the result of a two-year investigation led by the Drug Enforcement Administration with the assistance of Homeland Security Investigations. Assistant United States Attorneys Elizabeth Rabe and James Hepburn are prosecuting the case.
Two Men Found Guilty of First-Degree Murder While Armed and Assault Charges for Shooting at Caribbean FestivalDefendants Fired About A Dozen Shots into Crowd, Killing Innocent BystanderRead the Press Release
WASHINGTON – Deonte Bryant, 22, and Terrance Bush, 21, both of Washington, D.C., were found guilty by a jury today of first-degree murder while armed and other charges for shooting and killing a man and wounding two other people during a shoot-out at a street festival in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
In addition to the murder charge, the jury found Bryant and Bush guilty of three counts of assault with intent to kill while armed, one count of aggravated assault while armed, and related gun charges. The verdicts followed a trial in the Superior Court of the District of Columbia. The Honorable John Ramsey Johnson scheduled sentencing for March 7, 2014.
According to the government’s evidence, in the late afternoon of June 25, 2011, Bryant and Bush provoked and then participated in a shootout with a member of a rival neighborhood group, striking and injuring the rival, as well as three innocent bystanders who were hit by gunfire as they tried to run away. The shooting took place in broad daylight, during the Caribbean Festival, in the area of the 700 block of Gresham Place NW.
In total, Bryant and Bush fired about a dozen shots into the crowd. One of the innocent bystanders, Robert Foster, Jr., 43, was killed. Another innocent bystander was gravely wounded but survived. The third innocent bystander was shot in the leg and the side but also survived.
The rival, Terry Jimenez, 22, earlier pled guilty to charges in the case.
In announcing the verdicts, U.S. Attorney Machen praised the work of those who worked on the case from the Metropolitan Police Department (MPD). U.S. Attorney Machen also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kelly Blakeney and Mia Beamon; Victim/Witness Advocate Meshall Thomas, and Litigation Technology Specialists Leif Hickling and Anisha Bhatia.
Finally, he commended the work of Assistant U.S. Attorneys Jennifer Kerkhoff and Kate Rakoczy, who tried the case, as well as Assistant U.S. Attorney Steven Snyder and former Assistant U.S. Attorney Bruce Hegyi, who indicted the case.
13-422Two Connecticut Men Plead Guilty to Drug ChargesRead the Press Release
BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced that Nelson Areizaga-Rosa, 37, and Ricardo Ortiz-Rosa, 41, both of Connecticut, pleaded guilty to conspiracy to possess with intent to distribute 500 grams or more of cocaine before Chief U.S. District Judge William M. Skretny. The charge carries a maximum penalty of life in prison, an $8,000,000 fine, or both.
Assistant U.S. Attorney Thomas S. Duszkiewicz, who is handling the case, stated that on March 17, 2011, the defendants were stopped for speeding by a Chautauqua County Sheriff’s deputy on I-86 in the Town of Ellicott. The defendants, who are cousins, were later arrested along with two other individuals.
Law enforcement officers subsequently discovered $60,000 in U.S. currency secreted in the spare tire of the vehicle the defendants were riding in, money that represented the proceeds from the sale of two kilograms of cocaine. Officers also seized more than a kilogram of heroin, a quantity of cocaine, and multiple firearms. An additional four defendants were also arrested. During a search warrant later executed at a residence in Campbell, Ohio, officers recovered another $205,000 in U.S. currency. Five vehicles were also seized during the course of the narcotics investigation.
The defendants entered guilty pleas as a jury trial on the charges was about to begin. They are expected to receive 15 years when sentenced in April 2013. All eight defendants in this heroin trafficking investigation now stand convicted.
The pleas are the culmination of an investigation by the Drug Enforcement Administration, under the direction of Brian R. Crowell, Special Agent in Charge, New York Field Division, the Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff’s Lieutenant David Bentley, the Chautauqua County Sheriff’s Department, under the direction of Sheriff Joseph Gerace, and the Jamestown Police Department, under the direction of Harry Snellings.
Sentencing is scheduled for April 1, 2013 at 9:00 a.m. before Judge Skretny.Two Army National Guard Soldiers Plead Guilty<br /> in Connection with Bribery and Fraud Schemes<br /> to Defraud the U.s. Army National Guard BureauRead the Press Release
Two U.S. Army National Guard soldiers pleaded guilty for their roles in bribery and fraud schemes that caused a total of at least $70,000 in losses to the U.S. Army National Guard Bureau. Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas made the announcement.
Specialist Edia Antoine, 28, and former Staff Sergeant Ernest Millien, 49, both of Houston, each pleaded guilty to one count of conspiracy and one count of bribery. The cases against both defendants arise from an investigation involving allegations that former and current military recruiters and U.S. soldiers in the San Antonio and Houston areas engaged in a wide-ranging corruption scheme to illegally obtain fraudulent recruiting bonuses. To date, the investigation has led to charges against 25 individuals, 19 of whom have pleaded guilty.
According to court documents filed in both cases, in approximately September 2005, the National Guard Bureau entered into a contract with Document and Packaging Broker Inc. (Docupak) to administer the Guard Recruiting Assistance Program (G-RAP). The G-RAP was a recruiting program that offered monetary incentives to soldiers of the Army National Guard who referred others to join the Army National Guard. Through this program, a participating soldier could receive up to $3,000 in bonus payments for referring another individual to join. Based on certain milestones achieved by the referred soldier, a participating soldier would receive payment through direct deposit into the participating soldier’s designated bank account. To participate in the program, soldiers were required to create online recruiting assistant accounts.
Antoine and Millien both admitted they paid Army National Guard recruiters for the names and Social Security numbers of potential Army National Guard soldiers. They used the personal identifying information for these potential soldiers to claim that they were responsible for referring these potential soldiers to join the Army National Guard, when in fact they had not referred them. As a result of these fraudulent representations, Antoine and Millien collected approximately $17,000 and at least $12,500 in fraudulent bonuses, respectively.
The charge of bribery carries a maximum penalty of 15 years in prison and a maximum fine of $250,000 or twice the pecuniary gain or loss. The charge of conspiracy carries a maximum penalty of five years in prison and a maximum fine of $250,000 or twice the pecuniary gain or loss.
Antoine and Millien are scheduled to be sentenced before U.S. District Judge Lee H. Rosenthal of the Southern District of Texas on June 24, 2014.
These cases are being investigated by Special Agents from the San Antonio Fraud Resident Agency of Army Criminal Investigation Command’s Major Procurement Fraud Unit. The cases are being prosecuted by Trial Attorneys Sean F. Mulryne, Mark J. Cipolletti and Heidi Boutros Gesch of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney John Pearson of the Southern District of Texas.Timber Lake Man Sentenced for Passing A Counterfeit $100 BillRead the Press Release
United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man convicted of Uttering Counterfeit Obligations of the United States, was sentenced on December 12, 2013, by U.S. District Judge Roberto A. Lange.
Dennis Tyler Gutierrez, a/k/a "Crow Shoe", age 21, was sentenced to one year of probation, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Gutierrez was indicted by a federal grand jury on August 21, 2013. He pled guilty on October 1, 2013.
The conviction arose out of an incident during the Days of 1910 celebration in Timber Lake in July 2013 when Gutierrez used a counterfeit $100 bill to attempt to buy beer at the Coop Bar. The owner of the Coop Bar recognized the bill as counterfeit and called law enforcement.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Secret Service. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Three People Arrested for Crack Dealing Outside Boys & Girls Club in OaklandRead the Press Release
OAKLAND – Three people were indicted on December 10, 2013, by a federal grand jury on charges of drug trafficking within 1,000 feet of McClymonds High School in Oakland, announced United States Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.
The three individuals are:
- Alton Lerand Hirsch
- Charles Edward Moss, Jr.
- Nolan Ronald Jones
The defendants are each charged in separate indictments alleging that they dealt cocaine base in the form of “crack” within 1,000 feet of McClymonds High School, in violation of 21 U.S.C. § 841(a)(1) and 860(a).
This investigation targeted the corner of Mead Ave., Market Street, and 24th Street in Oakland, which is right outside of the Boys & Girls Club of Oakland, and within 1,000 feet of McClymonds High School. This corner has nevertheless been a known open-air crack market in Oakland. The cases are part of an ongoing relationship between the U.S. Attorney’s Office, Drug Enforcement Agency, the Federal Bureau of Investigation, the Oakland Police Department, and the Oakland community.
“This area is one frequented by the children of Oakland,” commented United States Attorney Melinda Haag. “Those children deserve the same chance as children who live in other neighborhoods around the Bay Area: the chance to go to and from school and the Boys & Girls Club without having to navigate through crack deals on the way. That is why I have directed my office to work with the DEA, FBI and the Oakland Police Department to aggressively prosecute drug trafficking in areas around Oakland schools.”
These cases follow on the heels of similar charges targeting crack dealing within school zones in the Tenderloin area of San Francisco. Ms. Haag also previously targeted other crack dealing in Oakland that took place within school zones, such as the area of Sycamore Street, near West Street, in Oakland. Those defendants are currently serving their sentences in prison.
Haag stressed that more charges could be on the way. “Everyone who treats Oakland as an open-air drug market should be on notice: law enforcement is paying attention. You won’t know when the next arrests will be, or which schools or street corners we’ll focus on next, but if you’re caught you will face significant time in federal custody.”
The three defendants were arraigned in federal court in Oakland. They are currently in the custody of the United States Marshal.
The maximum statutory penalty for violating the federal drug-free school zone statute is 40 years in prison, with a minimum mandatory one year in jail, at least six years and up to life on supervised release, and a maximum fine of up to $2,000,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
This prosecution is the result of an investigation by the FBI and the Oakland Police Department.
Please note, an indictment contains only allegations against an individual and, as with all defendants, Alton Hirsch, Charles Moss, and Nolan Jones must be presumed innocent unless and until proven guilty.
(Mead Ave indictments )
Thirteen Men Indicted in Drug Conspiracy Case, Accused of Distributing Heroin and Cocaine in Washington Area-Charges Follow A Year-Long Investigation-Read the Press Release
WASHINGTON –Eleven men have been arrested on federal charges stemming from an ongoing investigation into a drug trafficking organization that distributed large amounts of heroin and cocaine in the Washington, D.C. metropolitan area. To date, over 3.5 kilograms of cocaine and over two kilograms of heroin have been seized as a result of the investigation, along with more than $68,000 in cash and at least five firearms. Two men remain at large.
The arrests, on Dec. 12, 2013, followed the return of an indictment by a grand jury in the U.S. District Court for the District of Columbia. They were announced today by U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
The arrests came as authorities executed 26 search warrants on Dec. 12, 2013, in the District of Columbia, Maryland and Virginia. Several firearms, cocaine and heroin, jewelry worth over $60,000 and thousands in cash were seized during the law enforcement activities. Also recovered from within one residence was evidence of an apparent identity theft operation involving hundreds of credit cards, social security cards and driver’s licenses.
The indictment also includes a forfeiture count against all of those now charged in the investigation, which seeks all proceeds from the crimes. All 11 defendants made their first court appearances this week and are being held without bond pending detention hearings.
“This investigation shows our resolve to target organizations that are bringing cocaine, heroin and other dangerous drugs into the District of Columbia,” said U.S. Attorney Machen. “Law enforcement was able to remove guns, drugs and dangerous people from the streets and take another step toward making our community safer.”
“These arrests are a result of the concentrated efforts by Special Agents and Detectives from the FBI Washington, Baltimore and Los Angeles Field Offices, MPD and Prince George's County, Maryland, Police Department who partner together to disrupt and dismantle drug networks that threaten our neighborhoods,” said Assistant Director in Charge Parlave. “Together, we are focused on stopping the movement and sale of drugs on our streets and we will bring those who profit from it to justice.”
“This investigation spanned the region including Washington, D.C., Prince George's County, Md., Baltimore, and Stafford, Va.,” said Police Chief Lanier. “This is a great example of us working with our federal partners to arrest those who supply our neighborhoods with illicit drugs.”
The charges arose from a year-long investigation by the FBI into people suspected of acting as wholesale distributors of heroin and cocaine in the Washington, D.C., metropolitan area. The investigation determined that from at least January 2013 through November 2013, the defendants maintained a drug trafficking organization that supplied distribution amounts of heroin and cocaine to drug dealers in the District of Columbia, Maryland and Virginia. During the course of the investigation, agents seized three separate packages found to contain large quantities of both heroin and cocaine, which had been shipped or were destined to arrive in the Washington, D.C., area from sources located in California.
Those arrested include Lester Pryor, 62, of Washington, D.C., who is alleged to have supplied cocaine and heroin to the other defendants named in the indictment. The others include Patrick Avent, 45, of Stafford, Va.; George Ball, 65, of Washington, D.C.; Brandon Beale, 58, of Washington, D.C.; Aubrey Bennett, 61, of Washington, D.C.; James Burkley, 59, of Washington, D.C; Anthony McDuffie, 50, of Washington, D.C.; Chris Merriweather, 47, of Washington, D.C.; Earl Owens, 56, of Bowie, Md.; Tyrone Payton, 55, of Temple Hills, Md.; and Kevin Whitman, 54, of Washington, D.C.
The prosecution grew out of the efforts of the federal Organized Crime Drug Enforcement Task Force, a multi-agency team that conducts comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the nationwide program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
In announcing the charges, U.S. Attorney Machen, Assistant Director in Charge Parlave and Chief Lanier commended the work of the agents at the FBI, Internal Revenue Service-Criminal Investigation, and the U.S. Postal Inspection Service, who investigated the case. They also thanked the U.S. Attorney’s Offices for the District of Maryland, the Eastern District of Virginia and the Central District of California, the FBI’s Baltimore and Los Angeles Divisions, MPD and the Prince George’s County police and sheriff’s departments, which provided assistance.
Finally they cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys Steven B. Wasserman, Anthony Scarpelli, Jin Park, and former Assistant U.S. Attorney Patricia A. Stewart, as well as Assistant U.S. Attorney Anthony Saler, who assisted with the forfeiture aspects of the investigation.
13-419Teenager Sentenced to 30-Year Prison Term in Slaying at Woodley Park Metro StationDefendant Is Among Six Sentenced Today to at Least 15 Years in Prison for Various Roles in CrimeRead the Press Release
WASHINGTON – Chavez Myers, 18, was sentenced today to 30 years in prison for first-degree murder while armed in the slaying of 18-year-old Olijawon Griffin at the Woodley Park Metro station, announced U.S. Attorney Ronald C. Machen Jr., Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), and Ron Pavlik, Chief of the Metro Transit Police.
Five co-defendants were also sentenced today, to prison terms ranging from 15 to 19 years.
Myers, of District Heights, Md., pled guilty in September 2013 in the Superior Court of the District of Columbia. The plea, which was contingent upon the Court’s approval, called for the 30-year prison sentence for the crime. The Honorable Ronna L. Beck approved the plea this morning and sentenced Myers accordingly.
Myers, who was 17 at the time of the murder, is among numerous defendants to plead guilty to charges in the murder and related crimes. The others include Muquan Cawthorne, 17, of Mount Ranier, Md.; Deon Jefferson, 18, of Landover, Md.; Gary Maye, 18, of Hyattsville, Md.; Immanuel Swann, 18, of Brentwood, Md., and Gary Whittaker, 20, of Hyattsville, Md. Cawthorne, Jefferson, Maye and Swann, like Myers, were under 18 at the time of the murder; the U.S. Attorney’s Office obtained their indictments after deciding to prosecute them as adults.
Cawthorne was sentenced today to 17 years in prison for voluntary manslaughter while armed, armed robbery, and a firearms offense. Jefferson was sentenced to 16 years in prison for voluntary manslaughter while armed and armed robbery. Maye was sentenced to 19 years in prison for voluntary manslaughter while armed, armed robbery, and robbery. Swann was sentenced to 19 years in prison for voluntary manslaughter while armed and two counts of armed robbery. Whittaker was sentenced to 15 years in prison for voluntary manslaughter while armed, assault with a dangerous weapon, conspiracy, and a firearms offense.
All of the defendants have been in custody since their arrests. Upon completion of their prison terms, each defendant will be placed on five years of supervised release.
According to the government’s evidence, Myers and the other defendants were part of a group of 10 people who conspired on Nov. 16, 2012 and Nov. 17, 2012 to commit robberies in the District of Columbia. Plans called for robbing people of their iPhones and other items of value. The group took a Metro train on the night of Nov. 16, 2012, from the West Hyattsville, Md. station to the Gallery Place/Chinatown station in Northwest Washington. From there, they took another train to the Woodley Park Metro station to begin their crimes. Within a matter of hours, Mr. Griffin would become a victim of the group twice: once, during a robbery in the Adams Morgan area, and finally, the attack at the Metro Station that ended with his death.
“Today justice is served on the group of teenagers who murdered Olijawon Griffin for having the audacity to stand up to them after they robbed him of his coat and brutally assaulted his best friend,” said U.S. Attorney Machen. “Chavez Myers, who buried the knife in Mr. Griffin’s chest on a Metro Station platform, will serve 30 years behind bars. Five other participants in this attack, none of whom struck the fatal blow, will each serve at least 15 years in prison. Today’s proceedings should open the eyes of other young people thinking about committing street robberies to the deadly consequences and lengthy prison sentences that can easily result.”
“A young man lost his life, and now the young men who are responsible for that crime must face the consequences of their actions,” said Police Chief Lanier. “The Metropolitan Police Department and our law enforcement partners continue to demonstrate that criminals will be held accountable.”
“I want to commend the work and cooperation of the Metro Transit and Metropolitan Police Departments as well as the D.C. Attorney General and U.S. Attorney’s Office’ in this year-long effort to arrest and prosecute those responsible for the events of Nov. 16 and 17, 2012,” said Metro Transit Police Chief Pavlik. “We continue to send a clear message to those who wish to threaten or bring harm to Metro customers that such activity will be prosecuted to the fullest extent of the law.”
According to the government’s evidence, the group targeted Mr. Griffin shortly after midnight, early Nov. 17, 2012, attacking him near a gas station in the 1800 block of Adams Mill Road NW. Mr. Griffin was robbed of his Helly Hansen coat, hat, and iPhone. The assailants then walked back toward the Woodley Park Metro station, intending to take a train back to West Hyattsville.
Mr. Griffin and his two companions arrived at the Metro station shortly after the assailants. They approached the assailants in an attempt to get Mr. Griffin’s property back. According to the government’s evidence, the various assailants repeatedly punched, kicked and stomped one of Mr. Griffin’s companions while he was lying prone and defenseless on the floor of the station platform. Once this friend rose to his feet, the group again took him to the ground and repeatedly punched, kicked and stomped him.
Shortly after the attack on the friend ended, Myers went up to the mezzanine level of the station, where the kiosk and fare machines are located. Jefferson, Maye, Whittaker and Swann were among those who also went to the mezzanine level. Mr. Griffin had been attempting to draw the defendants to that level in an effort to get them away from his injured friend. As the confrontation continued, Myers came up from behind Mr. Griffin and stabbed Mr. Griffin, who was unarmed, once in the heart. Mr. Griffin died a short time later.
In announcing the sentences, U.S. Attorney Machen, Chief Lanier and Chief Pavlik commended the work of those who investigated the case from the Metropolitan Police Department and the Metro Transit Police Department. They also expressed appreciation to those who worked on the case from the District of Columbia Office of the Attorney General, including Deputy Attorney General Andrew Fois; Jennifer White, Chief of the Juvenile Section; Barbara Chesser and Linda Monroe, Assistant Chiefs of the Juvenile Section; Assistant Attorney General Marybeth Manfreda, and former Assistant Attorney General Anthony Crispino. The District of Columbia Office of the Attorney General handled the part of this case that involved charges against some of the juveniles who were apprehended after the attack.
U.S. Attorney Machen, Chief Lanier and Chief Pavlik also acknowledged the efforts of those who provided assistance from the U.S. Attorney’s Office, including Paralegal Specialists Alesha Matthews, Kwasi Fields, and Ethel Noble; Criminal Investigator John Marsh; Litigation Technology Specialists Leif Hickling, Will Henderson, and Paul Howell; Victim/Witness Advocate Jennifer Clark, and former interns Ryan Lipes, Flynn Burke, and Lauren Sparks.
Finally, they thanked Assistant U.S. Attorneys Justin Dillon, Kathleen A. Connolly, and Kevin F. Flynn, who investigated and prosecuted the case.
13-421Tampa Man Sentenced to More Than 13 Years in Federal Prison for Transporting Child Pornography over the InternetRead the Press Release
Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington yesterday sentenced Michael Alan Klevene (62) to 13 years and 7 months in federal prison for transporting child pornography over the Internet. As part of his sentence, Klevene was also ordered to serve a lifetime term of supervised release, following his incarceration, and to register as a sex offender.
Klevene was found guilty on June 4, 2013.
According to court documents, between October and December 2012, Klevene uploaded numerous videos and images of child pornography to the Internet. On January 24, 2013, Klevene e-mailed links to the uploaded child pornography to an undercover agent with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
In February 2013, law enforcement executed a federal search warrant at Klevene’s residence. During an interview, Klevene confessed to possessing, downloading, and transporting child pornography. He stated that he had been collecting images and videos of child pornography for over twenty years. Klevene also admitted to paying a pre-pubescent male, in Tampa, to take photographs of himself and to subsequently posting these photographs to the Internet, in order to meet people interested in child pornography and to obtain more child pornography.
"Distributing child pornography is not a victimless crime," said Susan McCormick, special agent in charge of HSI Tampa. "We cannot repair the damage done to innocent children exploited for perverse pleasure, but we can continue to aggressively pursue and prosecute child predators like Klevene."
This case was investigated by HSI, the Florida Department of Law Enforcement (FDLE), and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Rochester Man Sentenced on Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Herit Melendez, 36, of Rochester, N.Y., who was convicted following a jury trial of possessing heroin with the intent to distribute it, and possessing a firearm in furtherance of a drug trafficking offense, was sentenced to five years in prison and five years supervised release by U.S. District Court Judge Frank P. Geraci.
Assistant U.S. Attorney Charles E. Moynihan, who handled the case, stated that Melendez was arrested in a bedroom after members of the Greater Rochester Area Narcotics Enforcement Team executed a search warrant at 27 Glasser Street on May 27, 2011. During the search, officers found and seized cocaine, heroin, marijuana and paraphernalia associated with drug trafficking. Officers also located a .22 caliber handgun and a .22 caliber rifle in the location, as well as $534.00 in U.S. currency.
The sentencing resulted from an investigation on the part of the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Resident Agent in Charge Scott Heagney, and the Rochester Police Department, under the direction of Chief James M. Sheppard.Rochester Man Pleads Guilty to Possessing Child PornographyRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Jonathan Lopez-Polo, 25, of Rochester, N.Y., pleaded guilty before U.S. District Judge David G. Larimer, to child pornography. The charge is punishable by a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant possessed more than 600 images of child pornography on digital media he owned, including a computer and removable media. The images included prepubescent children, as well as depictions of violence against children.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig and Investigators from the Rochester Police Department, under the direction of Chief James Shephard.
Sentencing is scheduled for March 19, 2014, at 10:00 a.m. before Judge Larimer.Rochester Man Pleads Guilty to Making Bomb Threats Against KodakRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Omer Fadhel Saleh Mohammed, 31, of Rochester, N.Y., pleaded guilty to making false bomb threats before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison, a fine of $250,000.00 or both.
Assistant U.S. Attorney Anthony M. Bruce, who is handling the case, stated that on September 24, 2012, the defendant made three phone calls to 911 and told the operator that his acquaintances were terrorists and were going to blow up the Kodak Corporation. Mohammed made a fourth call on January 24, 2013 claiming that an acquaintance had explosives hidden at a location in Rochester and planned to use those explosives to bomb Kodak. The 911 calls resulted in emergency responses by the Rochester Police and Fire Departments and by Kodak security personnel, but searches failed to turn up any bombs or evidence that someone had attempted to plant a bomb at any of Kodak=s facilities.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.
Sentencing is scheduled for April 4, 2014 before Judge Siragusa.Retired Jacksonville Sheriff's Office Corrections Officer Arrested for His Involvement in Stolen Identity Refund Fraud SchemeRead the Press Release
Jacksonville, FL – Acting United States Attorney A. Lee Bentley, III announces the return of an indictment and arrest charging Harold B. Walbey, III (45, Jacksonville) with wire fraud and aggravated identity theft. If convicted on all counts, he faces a maximum penalty of 22 years in federal prison.
Walbey was arraigned in federal court on December 12, 2013. He pleaded not guilty and was released on bond. A status conference hearing is scheduled for January 21, 2014.
According to the indictment, Harold B. Walbey, III worked as a corrections officer with the Jacksonville Sheriff’s Office, at the John E. Goode Pretrial Detention Facility. While working in this capacity, he stole personal identifying information, including the names and social security numbers, of multiple inmates who were housed at the facility. From 2010 through May 2012, Walbey used this information to electronically file numerous fraudulent tax returns and open pre-paid debit card accounts with various financial institutions. The tax refunds were then directly deposited into the pre-paid debit card accounts that were created in specific inmates’ names.
“The Jacksonville Sheriff’s Office investigates all allegations of criminal activity that may involve our employees. In this case our investigators from the Integrity/Special Investigations Unit, working with our federal agency partners, effected two arrests - Mr. Walbey and his daughter, Tianna Walbey, who was arrested in February on federal charges in this same crime,” said Jacksonville Sheriff John Rutherford.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Jacksonville Sheriff’s Office, Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Malisa Chokshi.
Click HERE to view Indictment
Rapid City Man Sentenced for EscapeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on December 9, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Eric Ladeaux, age 27, was sentenced to 2 years in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Ladeaux was indicted by a federal grand jury on September 25, 2012. He pled guilty on February 14, 2013.
In September 2012, Ladeaux left the Community Alternatives of the Black Hills where he was serving the remainder of a federal prison sentence, and he did not return as required.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Ladeaux was immediately turned over to the custody of the U.S. Marshals Service.
Ponchatoula Man, Robert Swan, Charged with the Sexual Exploitation of Children, as Well as the Distribution and Receipt of Child PornographyRead the Press Release
ROBERT SWAN, age 51, a resident of Ponchatoula, Louisiana, was charged today in a three-count Indictment with the sexual exploitation of children, as well as receiving and distributing images depicting the sexual victimization of children, announced United States Attorney Kenneth Allen Polite, Jr.
According to the Indictment, between a date unknown and June 25, 2012, SWAN coerced a six-year-old girl to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. Additionally, SWAN was charged with knowingly receiving and distributing videos and images of children engaging in sexually explicit conduct. The Indictment also provides notice of an enhancement of SWAN’S sentence upon conviction based on his prior conviction for lewd and lascivious assault of a minor in Escambia County, Florida.
If convicted, SWAN faces a mandatory minimum term of imprisonment of 25 years and a maximum of 50 years as to Count 1, and a mandatory minimum sentence of 15 years and a maximum sentence of 40 years as to each of Counts 2 and 3, followed by up to a life term of supervised release, and a $250,000 fine. He can also be required to register as a sex offender.
United States Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case is being investigated by investigators from the State of Louisiana - Office of the Attorney General. The prosecution of this case is being handled by Assistant United States Attorneys Jordan Ginsberg.
(Download Indictment )
Pittsburgh Man Sentenced to 5+ Years in Prison for Heroin Trafficking SchemeRead the Press Release
PITTSBURGH – Duane Scott was sentenced in federal court for violating federal narcotics trafficking laws, United States Attorney David J. Hickton announced today.
Scott, a 23-year-old Pittsburgh resident, was sentenced to serve 63 months in prison followed by four years of supervised release by United States District Judge Arthur J. Schwab. Throughout 2010 and into 2011, Scott conspired with Harold Bacon and others to distribute hundreds of bricks of heroin even though he was on adult probation at the time for an adult conviction for carrying a firearm without a license. Scott was, in fact, under house arrest for much of that time period, but he still stored bricks of heroin and distributed them at Bacon’s direction.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
U.S. Attorney Hickton commended the Federal Bureau of Investigation, the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pittsburgh Bureau of Police, the United States Postal Inspection Service, the Pennsylvania State Police, the Allegheny County Sheriff's Office, the Ross Township Police Department, the Canonsburg Police Department, and the Allegheny County Police Department for the successful investigation leading to the conviction and sentence in this case.
Owners and Managers at Restraurant Chain Indicted for Conspiracy to Hire Undocumented WorkersRead the Press Release
A grand jury returned a 23-count indictment charging six people for their roles in a conspiracy to hire undocumented workers at a chain of restaurants in Stark and Summit counties and pay them less than minimum wage and sometimes only in tips, said Steven M. Dettelbach, United States Attorney for the Northern District.
Prosecutors are also seeking to forfeit more than $16 million generated by the restaurants.
Indicted are owners Miguel Castro, age 44, and Monica Castro, age 43, both of Uniontown, Ohio; and managers Cesar Castro, age 28, of Akron; Aldo Castro, age 42, of Akron; Pedro Cervantes, age 39, of Mexico; and Gustavo Torres, age 45, of Kent, Ohio.
“The owners and managers of these restaurants took advantage of their workers’ immigration status for their own profit,” Dettelbach said.
“Employers have a legal responsibility to protect the integrity of their workforce,” said Marlon Miller, special agent in charge of ICE’s Homeland Security Investigations in Detroit, which covers Michigan and Ohio. “When companies engage in schemes that flout immigration laws, workers are often exploited and businesses that play by the rules are put at a significant disadvantage.”
The defendants face charges including conspiracy to harbor undocumented aliens, aiding and abetting the harboring of undocumented aliens, harboring undocumented aliens, conspiracy to commit mail fraud and mail fraud. Miguel Castro and Monica Castro also are charged with making false statements to federal law enforcement officers.
Since 2002, the defendants owned and/or managed the seven “Mariachi Locos” and “Mariachi Cocos” chain of restaurants with locations in Akron, Stow, Tallmadge and North Canton.
The defendants engaged in the practice of hiring undocumented workers who were illegally present in the United States and conspired to shield these workers from detection by paying them in cash, excluding them from payrolls, leasing housing for the workers, and aiding the workers in obtaining fraudulent work documentation, according to the indictment.
The defendants also used the U.S. mail to submit false wage reports to the state of Ohio. The defendants’ employment practices enabled them to enrich themselves because they paid the undocumented workers less than minimum wage and did not pay these workers for overtime hours worked, according to the indictment.
In some cases, the defendants paid these workers only the tips that the workers received from their customers, according to the indictment.
The indictment seeks the forfeiture of $16,474,870 in gross proceeds that the defendants earned as a result of the offenses.
If convicted, the defendants’ sentences will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ roles in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorneys Lauren Bell and Phillip J. Tripi, following a joint investigation by agents of Department of Homeland Security and the Department of Labor -- Office of Inspector General.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Owner of Bluegrass Women’s Healthcare in Elizabethtown Ordered to Pay Victims $50,663.31 for MisbrandingRead the Press Release
LOUISVILLE, Ky. – The owner of Bluegrass Women’s Healthcare, located in Elizabethtown, Kentucky was sentenced yesterday, in United States District Court, by United States District Judge John G. Heyburn, to one year probation for a single charge of misbranding, and the corporation, Bluegrass Women’s Healthcare, was sentenced and ordered to pay a fine of $25,000 announced David J. Hale, United States Attorney for the Western District of Kentucky. The defendant owner, Canh Jeff Vo was also ordered to pay restitution in the amount of $50,663.31 to victims.
Vo, age 45, of Louisville, Kentucky, was the owner, supervising physician, and president at Bluegrass Women’s Healthcare between March 2008 and September 2009 when the violations occurred. Vo offered gynecological and obstetric services to women at Bluegrass Women’s Healthcare, including providing forms of birth control. According to the plea agreement, between March 2008 and September 2009, Vo, purchased and inserted into patients, foreign, non-FDA approved (levonorgesteral-releasing intrauterine device). These intrauterine devices or IUDs, were misbranded in that their labeling was not in the English language; and their labeling did not bear adequate directions for use. Vo pleaded guilty to the misdemeanor charge of misbranding on September 6, 2013 and agreed to pay jointly and severally with Bluegrass Women’s Healthcare, restitution to the victims.
Also, between March 2008 and September 2009, Bluegrass Women’s Healthcare received, brought, and imported into the United States, IUDs, knowing that these were misbranded and unlawfully introduced into interstate commerce from various countries, including from Canada. Defendant VO, as president of Bluegrass Women’s Healthcare pleaded guilty, on behalf of the corporation, to the felony charge of smuggling and agreed to pay a $25,000 fine.
This case was prosecuted by Assistant United States Attorney Lettricea Jefferson-Webb, and was investigated by the United States Food and Drug Administration (FDA) Office of Criminal Investigations, the Federal Bureau of Investigation (FBI), and Kentucky Office of the Attorney General Office of Medicaid Fraud and Abuse Control.
Oakland Resident Convicted of Trafficking A Minor for Purposes of ProstitutionRead the Press Release
SAN FRANCISCO – Yesterday afternoon a federal jury convicted Roderick Harold Bolds of one charge of Sex Trafficking of Children and another charge of Transportation of a Minor for Purposes of Prostitution, announced United States Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.
The jury found that beginning on or about July 3, 2011, and continuing through July 11, 2011, Bolds recruited a minor from Reno, Nevada, to Oakland, California. Bolds knew or ignored the fact that the minor was not 18 years of age and would be caused to engage in a commercial sex act. The guilty verdict followed a jury trial before the Honorable Charles R. Breyer, United States District Court Judge.
Evidence at trial showed that Bolds, of Oakland, California, met the victim in Reno, Nevada, when she was fifteen years old and convinced her to come to Oakland, where he intended that she engage in prostitution. From July 4, 2011, to July 11, 2011, Bolds prostituted the victim on the streets of San Francisco and Oakland and placed an advertisement for her services online. The victim was arrested in the Mission District of San Francisco on prostitution-related charges by the San Francisco Police Department, who referred the case to the Federal Bureau of Investigation.
Bolds was indicted by a federal grand jury on September 27, 2011. He was charged with one count of Sex Trafficking of Children, in violation of 18 U.S.C. § 1591(a)(1), and one count of Transportation of a Minor for Purpose of Prostitution, 18 U.S.C. § 2423(a). He has been in prison since his arrest. Bold’s sentencing hearing is set for April 16, 2013, at 2:00 p.m. before Judge Charles R. Breyer in San Francisco. Each of the counts for which Bolds was convicted carries a statutory mandatory minimum penalty of ten years in prison. However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Kevin J. Barry and Laura Vartain Horn are the Assistant United States Attorneys prosecuting the case with the assistance of Alycee Lane and Jacquelyn Lovrin. The prosecution is the result of an investigation of the FBI with assistance from the San Francisco and Oakland Police Departments.
(Bolds indictment )
Northern Arapaho Man Sentenced for Assault with A Dangerous Weapon with Intent to Do Bodily HarmRead the Press Release
United States Attorney Christopher A. Crofts announced today that on December 11, 2013, Jess Theodore Birdshead, a 47-year-old enrolled Northern Arapaho man from Arapahoe, Wyoming, appeared in Federal District Court in Casper, Wyoming for sentencing before United States District Judge Scott W. Skavdahl on the charge of assault with a dangerous weapon with intent to do bodily Harm. Birdshead was sentenced to 24 months imprisonment, to be followed by three years of supervised release, and was ordered to pay $5,733.00 in restitution. The charge stemmed from an assault which occurred on May 20, 2013, on the Wind River Indian Reservation. This case was investigated by the Bureau of Indian Affairs.
Nine Members of Largest Counterfeit Goods Conspiracy Ever Charged Admit GuiltRead the Press Release
NEWARK, N.J. – Nine members of a massive, international counterfeit goods conspiracy have admitted their roles in the scheme, U.S. Attorney Paul J. Fishman announced.
Hai Dong Jiang, 37, and Fei Ruo Huang, 37, both of Staten Island, N.Y.; Hai Yan Jiang, 34, of Richardson, Texas; Xiance Zhou, 39, and Jian Chun Qu, 33, both of Bayside, N.Y.; and Ming Zheng, 48, of New York, pleaded guilty today before U.S. District Judge Esther Salas in Newark federal court. Dong Jiang, Ruo Huang, and Yan Jiang pleaded guilty to informations charging them each with one count of conspiracy to traffic in counterfeit goods. Xiance Zhou and Qu pleaded guilty to informations charging them each with one count of conspiracy to structure money. Zheng pleaded guilty to an information charging him with a conspiracy to launder money.
Wei Qiang Zhou, 38, of Brooklyn, N.Y., pleaded guilty Dec. 3, 2013, Patrick Siu, 41, of Richardson, Texas, pleaded guilty Dec. 4, 2013, and Da Yi Huang, 43, of Staten Island, pleaded guilty Dec. 11, 2013, all before Judge Salas in Newark federal court, to informations charging them each with one count of conspiracy to traffic in counterfeit goods.
According to documents filed in this case and statements made in Court:
From November 2009 through February 2012, the defendants ran one of the largest counterfeit goods smuggling and distribution conspiracies ever charged by the Department of Justice. The defendants and others conspired to import hundreds of containers of counterfeit goods – primarily handbags, and footwear, and perfume – from China into the United States in furtherance of the conspiracy. These goods, if legitimate, would have had a retail value of more than $300 million.
The counterfeit goods were manufactured in China and smuggled into the United States through containers fraudulently associated with legitimate importers, with false and fraudulent shipping paperwork playing a critical role in the smuggling scheme. Some of the conspirators created and managed the flow of false shipping paperwork between China and the United States, and supervised the importation of counterfeit goods, and others controlled the importation of the counterfeit goods into the United States.
Other conspirators managed the distribution of counterfeit goods once those goods arrived in the United States. After importation, the counterfeit goods were delivered to warehouses, and distributed throughout New York, New Jersey, and elsewhere. Certain conspirators paid large amounts of cash to undercover law enforcement officers to assist in the removal of counterfeit goods from the port.Some conspirators acted as wholesalers for the counterfeit goods, supplying retailers who sold counterfeit goods to customers in the United States. Other conspirators were money structurers, who arranged for cash to be wired to China in amounts small enough to avoid applicable financial reporting requirements, to evade detection of the smuggling scheme and related proceeds.
Law enforcement introduced several undercover special agents (collectively, the UCs) to the conspirators. The UCs purported to have unspecified “connections” at the port, which allowed the UCs to release containers that were on hold, and pass them through to the conspirators. The conspirators paid the UCs for these “services.” In total, during the course of this investigation, the conspirators provided the UCs more than $2 million.UCs recorded dozens of phone calls and in-person meetings with various conspirators. The investigation also utilized several court-authorized wiretaps of telephones and electronic communications.
Roles of the Individual Defendants
- Patrick Siu, a/k/a “Sam Huang,” facilitated the importation and distribution of counterfeit goods, by serving as the “hub” for communications between customs brokers, UCs, and the conspirators. Siu sent false and fraudulent shipping documents to UCs and customs brokers (including by interstate and international faxes and e-mails); engaged in conversations with UCs, customs brokers, and other conspirators in furtherance of the smuggling scheme; and created or caused to be created false and fraudulent identification documents.
- Hai Dong Jiang, a/k/a “Jimmy,” a/k/a “Dong,” served as one of the directors of the smuggling scheme. Dong Jiang ordered counterfeit merchandise from China; negotiated shipments of counterfeit goods from China; arranged for payment for that merchandise; and supervised the distribution of that merchandise in and around the New York/New Jersey area.
- Hai Yan Jiang, a/k/a “Yan,” served as one of the directors of the smuggling scheme. Yan Jiang made decisions regarding what kind of counterfeit goods should be manufactured; arranged for payment for counterfeit merchandise; supervised the distribution of that merchandise in and around the New York/New Jersey area; and interacted with wholesalers of counterfeit goods by arranging payments by the wholesalers to the directors of the scheme.
- Fei Ruo Huang, a/k/a “Emily,” a/k/a “Ah Yue,” was another director of the smuggling scheme. Ruo Huang coordinated the distribution of counterfeit merchandise once it arrived in the New York/New Jersey area. Ruo Huang directed merchandise to warehouses, where it was stored and then delivered to wholesalers.
- Da Yi Huang, a/k/a “Boss,” a/k/a “Da Nian,” was another director of the smuggling scheme. Da Yi negotiated pricing for counterfeit merchandise; made payments for the counterfeit merchandise; and participated in deciding which counterfeit products should be ordered from China.
- Wei Qiang Zhou’s primary role was to assist other conspirators in arranging for transportation of counterfeit merchandise.
- Xiance Zhou and Jian Chun Qu’s primary roles were to wire proceeds obtained from the smuggling scheme to accounts in China. Conspirators in the scheme dropped off large sums of money to Xiance Zhou and Qu and others – sums far in excess of $10,000 at a time. Xiance Zhou and Qu, then divided these large sums into amounts of less than $10,000, deposited them into accounts they controlled to evade reporting requirements, and wired the money – in increments of less than $10,000 – to China and elsewhere.
- Ming Zheng, a/k/a “Uncle Mi,” was a money launderer. Other conspirators obtained cash from UCs, which was purportedly the proceeds of gambling and other unlawful activities. These other conspirators then provided the money to Zheng. For every $50,000 in cash the UCs provided, Zheng and others would return approximately $42,500 – via wire transfers from banks in China – into a bank account set up by the UCs. When other conspirators, including Ning Guo, received money from the UCs to be laundered, he would then contact Zheng, who in turn contacted a Chinese-based conspirator, and transferred the money to locations in China. Then the money (less the laundering fee) was transferred from in Fujian, China, to a bank in Guangzho, China, where it was subsequently withdrawn and physically transported via courier to a bank in Hong Kong. The final transfer was from the bank in Hong Kong to the UCs’ bank account. Zheng was therefore instrumental in each of the money laundering transactions – he received the cash from other conspirators and caused it to be transferred overseas in furtherance of the laundering process.
The conspiracy to traffic in counterfeit goods count to which Da Yi Huang, Hai Dong Jiang, Hai Yan Jiang, Fei Ruo Huang, Patrick Siu, and Wei Qiang Zhou pleaded guilty is punishable by a maximum potential penalty of 10 years in prison and a fine of $2 million. The money laundering count to which Zheng pleaded guilty is punishable by a maximum potential penalty of 20 years in prison and a fine of $500,000 or twice the gain or loss caused be the offense. The structuring conspiracy to which Zhou and Qu pleaded guilty is punishable by a maximum potential penalty of 5 years in prison and a fine of $250,000. Sentencing for Siu and Qiang Zhou is scheduled for March 17, 2014. Sentencing for Qu, Zhou and Zheng is scheduled for March 24, 2014. Sentencing for Hay Yan Jiang, Hai Dong Jiang and Fei Ruo is scheduled for March 25, 2014.
U.S. Attorney Fishman praised special agents of Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Andrew M. McLees, and special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, for the investigation leading to the guilty pleas.
The government is represented by Assistant U.S. Attorneys Andrew Pak and Zach Intrater of the Computer Hacking and Intellectual Property section of the Economic Crimes Unit of the U.S. Attorney’s Office in Newark and Nicholas Grippo of the U.S. Attorney’s Office in Trenton.
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Defense counsel: Qiang Zhou: Jonathan Marks Esq., New York
Siu: Robert Gottlieb Esq., New York
Da Yi Huang: Daniel Kratka Esq., New York
Hai Dong Jiang: Joseph Conway Esq., Mineola, N.Y.
Hai Yan Jiang: Benjamin Herzweig Esq., Patchogue, N.Y.
Fei Ruo Huang: Adam Mehfar Esq., New York
Qu: Alan Liebowitz Esq., Englewood, N.J.
Xiance Zhou: Patrick Brackley Esq., New York
Ming Zheng: Stacey Van Malden Esq., Bronx, N.Y.New York Man Admits to Participating in Three Armed Robberies of Electronics Stores in New Jersey and New YorkRead the Press Release
TRENTON, N.J. – A Brooklyn, N.Y., man admitted today to participating in three armed robberies of electronics stores, including two armed robberies in Woodbridge, N.J., and Linden, N.J., U.S. Attorney Paul J. Fishman announced.
Terrell McQueen, 30, pleaded guilty before U.S. District Judge Joel A. Pisano in Trenton federal court to a superseding information charging him with one count of conspiracy to commit Hobbs Act robberies.
McQueen was arrested on May 22, 2013, and originally charged in an indictment in connection with two armed robberies of electronics stores in Woodbridge and Linden. McQueen has been in custody since his arrest.
According to documents filed in this case and statements made in court:
Between May 30, 2012, and Oct. 2, 2012, McQueen conspired with others to commit a series of gunpoint electronics store robberies in New Jersey and New York during which he and accomplices robbed merchandise for illegal resale. McQueen provided the firearms used in both of the New Jersey robberies, coordinated the resale of the stolen merchandise and distributed the profits from the robberies to the other perpetrators.
The charge of conspiracy to commit Hobbs Act robberies carries a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for June 9, 2014.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, with the investigation leading to today’s guilty plea. He also thanked the Linden and Woodbridge Police Departments in New Jersey, as well as the New York City and Nassau County Police Departments and the Kings County District Attorney’s Office in New York for their excellent work in this case.
The government is represented by Assistant U.S. Attorney Osmar J. Benvenuto of the U.S. Attorney’s Office Criminal Division in Newark.
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Defense counsel: Anthony J. Pope Esq., Newark, N.J.McQueen Superseding Information
New Orleans Man, Gregory R. Alexander, Sentenced for Attempting to Firebomb His TruckRead the Press Release
GREGORY R. ALEXANDER, 36, a resident of New Orleans, Louisiana, was sentenced yesterday by U. S. District Judge Carl J. Barbier for his involvement in possessing unregistered destructive devices in a failed attempt to destroy his truck in February, announced U. S. Attorney Kenneth Allen Polite, Jr. Judge Barbier imposed a sentence of 18 months imprisonment, to be followed by two years of supervised release.
ALEXANDER pleaded guilty on August 22, 2013, to unlawfully possessing multiple destructive devices. Judge Barbier granted a downward departure citing the defendant’s lack of any meaningful criminal history, his intent to only damage his personal property and the factual circumstances leading up to the criminal activity.
According to court records, ALEXANDER, made and used multiple flammable liquid devices in a failed attempt to burn his truck.
This case was investigated by Special Agents of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Orleans Police Department and Bomb Squad. The case was prosecuted by Assistant United States Attorney Tony Gordon Sanders.
Monmouth County, N.J., Casino Owner Pleads Guilty to Evading Nearly $1.3 Million in Income Taxes from Trinidad CasinoRead the Press Release
TRENTON, N.J. – A Monmouth County, N.J., man admitted today to evading taxes on income from his ownership of a casino in Trinidad, resulting in an approximately $1.3 million loss to the United States, U.S. Attorney Paul J. Fishman announced.
David Migliore, 50, of Brielle, N.J., pleaded guilty before U.S. District Judge Mary L. Cooper in Trenton federal court to one count of an indictment charging him with evading taxes with respect to his 2011 personal tax return.
According to the documents filed in this case and statements made in court:
Migliore owns several businesses in New Jersey, including Brielle Investment LLC, Brielle Investments & Management Co. LLC and La Soufriere Maritime Inc., as well as Island Club Casino in Trinidad.
From 2009 to 2011, Migliore earned millions of dollars from Island Club Casino, resulting in taxes due of $1,286,657. During that time, Migliore took steps to conceal his income and assets from the IRS. At his guilty plea proceeding, Migliore admitted to using unreported bank accounts in Trinidad to deposit personal income; using U.S. bank accounts in the names of his New Jersey business entities to receive income from Island Club Casino; and using those business entities to pay for personal expenses.
Migliore also admitted to transferring income from Island Club Casino directly to vendors in the U.S. for personal expenses and directing Island Club Casino employees to send his income through Western Union to individuals in New Jersey who collected the cash on his behalf.
The tax evasion count to which Migliore pleaded guilty carries a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gain or loss arising out of the offense together with the costs of prosecution. Sentencing is scheduled for March 20, 2014.
Pursuant to the plea agreement, Migliore agreed to pay restitution of $1,286,657 to the IRS.
U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Shantelle P. Kitchen; special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark; special agents of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, under the direction of Special Agent in Charge Andrew M. McLees in Newark; law enforcement officers from the Monmouth County Prosecutor’s Office, under the direction of Acting Monmouth County Prosecutor Christopher J. Gramiccioni; police officers from Wall Township Police Department, under the direction of Chief Robert Brice; and international assistance from the Financial Intelligence Unit for Trinidad & Tobago, with the investigation.
The government is represented by Assistant U.S. Attorney Rahul Agarwal of the U.S. Attorney’s Office Special Prosecutions Division in Newark.
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Defense counsel: Robert Weir Esq., Red Bank, N.J.Migliore, David Indictment
Mercer County, N.J., Man Admits His Role in Conspiracy to Extort BribesRead the Press Release
Also Pleads Guilty to Separate Extortion, Narcotics Distribution and Weapons Charges; Co-Defendant Admits Narcotics Distribution
TRENTON, N.J. — A Mercer County, N.J., man admitted today he conspired with the Mayor of Trenton and others to extort bribes and kickbacks in connection with a Trenton parking garage project, U.S. Attorney Paul J. Fishman announced.
Joseph Giorgianni (a/k/a “Jo Jo”), 64, of Ewing Township, N.J., pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to Count One of an indictment returned in December 2012 charging him with conspiring with Trenton Mayor Tony F. Mack, 47, Ralphiel Mack, 41, (Mayor Mack’s brother) both of Trenton, and others to obstruct interstate commerce by extorting individuals under color of official right by corruptly arranging to obtain, and obtaining, money and things of value in exchange for Tony Mack’s exercise of official authority and influence.
Giorgianni also pleaded guilty to Count Eight in the indictment, charging him with conspiring with City of Trenton employee Charles Hall III, 50, of Trenton, to obstruct interstate commerce by extorting another individual under color of official right by corruptly arranging to obtain, and obtaining, money and things of value from that individual in exchange for Hall’s exercise of official authority and influence in connection with the administration of a power-washing contract.
Giorgianni also pleaded guilty to charges contained in a separate indictment returned in March 2013 which included conspiring with others, including Hall, to distribute and possess with intent to distribute oxycodone (Count One) and to being a felon in possession of a firearm (Count Six).
An associate of Giorgianni, Mary Manfredo, 65, of Lawrenceville, N.J., pleaded guilty to conspiring with Giorgianni, Hall and others to distribute and possess with intent to distribute oxycodone (Count One of the March 2013 indictment).
Hall, a former City of Trenton employee, pleaded guilty in February 2013 to conspiring to obstruct commerce by extortion under color of official right by agreeing with Giorgianni, Tony Mack and Ralphiel Mack to obtain payments from the purported developers of the parking garage project in exchange for Tony Mack’s official assistance on the project. Hall also admitted his involvement in the narcotics distribution conspiracy involving Giorgianni, Manfredo and others in connection with the purchase and sale of oxycodone.
The extortion and narcotics conspiracy counts are punishable by a maximum potential prison term of 20 years in prison per count. The firearms count carries a maximum penalty of 10 years in prison. All offenses except the narcotics offense carry a maximum fine of $250,000; the narcotics offense has a $1 million maximum fine. Sentencing for both defendants has been scheduled for March 19, 2014.
U.S. Attorney Fishman credited special agents of the FBI’s Trenton Resident Agency, Newark Field Office, under the direction of Special Agent in Charge Aaron T. Ford, for the investigation leading to today’s guilty pleas.
The government is represented by Assistant U.S. Attorneys Eric W. Moran and Matthew J. Skahill of the U.S. Attorney’s Office Special Prosecutions Division in Trenton and Camden, respectively.
The charges and allegations in the referenced indictments are merely accusations, and all defendants with pending charges are presumed innocent unless and until proven guilty.
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Defense Counsel: Giorgianni: Jerome A. Ballarotto Esq., Trenton
Manfredo: Anthony Simonetti Esq., Hightstown, N.J.Giorgianni, Joseph et al. Indictments
Manhhattan U.S. Attorney Announces Conviction of Richard Chichakli, Co-Conspirator of International Arms Dealer Viktor Bout, on Money Laundering, Wire Fraud, and Conspiracy ChargesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that RICHARD AMMAR CHICHAKLI, an associate of international arms dealer Viktor Bout, was found guilty today, by a jury in Manhattan federal court, of conspiring with Bout and others to violate the International Emergency Economic Powers Act (“IEEPA”) by attempting to purchase commercial airplanes from American companies in violation of U.S. sanctions. CHICHAKLI was also found guilty of money laundering conspiracy, wire fraud conspiracy, and several counts of wire fraud, in connection with the attempted aircraft purchases. He was convicted following a four-week jury trial before U.S. District Judge William H. Pauley III.
Manhattan U.S. Attorney Preet Bharara said: “As the evidence at trial established, Richard Chichakli conspired to violate international sanctions by working to purchase aircraft for and with Viktor Bout, formerly one of the world's most notorious weapons traffickers. But for the intervention of our law enforcement partners, Chichakli would have played a vital role in furthering Bout's objectives.”
According to evidence at trial and documents previously filed in Manhattan federal court:
CHICHAKLI conspired with Viktor Bout and others to violate IEEPA by engaging in prohibited business transactions with companies based in the United States. The focus of these transactions was the purchase of commercial airplanes for a company that Bout and CHICHAKLI controlled, and the ferrying of those aircraft to Tajikistan. At the time of these unlawful transactions, both CHICHAKLI and Bout had been designated by the U.S. Treasury Department as Specially Designated Nationals (“SDNs”), which meant that individuals and businesses in the United States were prohibited from engaging in financial transactions with them. CHICHAKLI sought to evade these SDN sanctions by, among other things, concealing his identity and his SDN listing, and by concealing Viktor Bout’s involvement in the airplane transactions. In connection with this fraudulent scheme, CHICHAKLI helped to make a series of wire transfer payments, totaling more than $1.7 million; these payments were sent from overseas bank accounts into accounts in the United States.
CHICHAKLI was convicted of one count of conspiring to violate the IEEPA one count of money laundering conspiracy, one count of wire fraud conspiracy, and six counts of wire fraud. He faces a maximum sentence of five years in prison on the IEEPA conspiracy count, and a maximum of 20 years in prison on each of the other eight counts. CHICHAKLI is scheduled to be sentenced on March 14, 2014 at 2:00 p.m.
CHICHAKLI’s co-conspirator, Viktor Bout, is currently serving a 25-year prison term as a result of his November 2011 conviction in this District in connection with his conspiring to sell millions of dollars of weapons to a designated foreign terrorist organization.
Mr. Bharara praised the outstanding investigative efforts of the Special Operations Division of the DEA, and specially thanked the DEA Canberra Country Office, and the DEA Digital Evidence Laboratory. Mr. Bharara also thanked the Australian Federal Police, the Victoria State Police, and the Australian Attorney General’s Department, as well as the U.S. Department of Justice Office of International Affairs and National Security Division, and Interpol.
The case is being handled by the Terrorism and International Narcotics Unit. Assistant United States Attorneys Christian R. Everdell, Ian McGinley, and Jenna M. Dabbs are in charge of the prosecution.
Manhattan U.S. Attorney, FBI, and IRS Announce Charges Against Pharmacy Owner in Multimillion-Dollar Medicare/Medicaid Fraud SchemeRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, George Venizelos, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Toni Weirauch, the Special Agent-in-Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced that PURNA CHANDRA ARAMALLA was arrested yesterday for engaging in a scheme to defraud Medicaid and Medicare through the sale of illegally diverted prescription drugs. ARAMALLA was also charged with a related money laundering offense. ARAMALLA was arrested yesterday morning and was presented in Manhattan federal court before U.S. Magistrate Judge Debra Freeman yesterday afternoon. A preliminary hearing is scheduled for January 13, 2014.
Manhattan U.S. Attorney Preet Bharara said: “The illegal diversion of prescription medications threatens the health of those induced to sell their medication rather than take it. It threatens the health of those who unwittingly purchase the repackaged drugs believing them to be factory-fresh. And, as alleged here, Purna Aramalla’s diversion scheme defrauded millions of dollars from Medicare and Medicaid, taxpayer-funded programs established to provide health care assistance for the elderly and indigent. This Office is committed not only to punishing and preventing fraud, and safeguarding Medicare and Medicaid, but also to protecting the public.”
FBI Assistant Director-in-Charge Venizelos said: “As alleged in the complaint, Aramalla conspired to defraud our government health care programs and profit from the illness and misfortune of others. Aramalla treated our American health care system as a vehicle to fuel his greed and line his own pockets. The FBI, in conjunction with our law enforcement partners, will continue to investigate and bring to justice criminals who bilk the system and defraud the American taxpayer.”
IRS-CI Special Agent-in-Charge Weirauch said: “The illegal sale of prescription drugs by pharmaceutical professionals is an escalating problem. Not only does it put potentially dangerous medications in the wrong hands, but fraudulent Medicare and Medicaid reimbursements divert resources from the government. The money laundering statutes have always been effective tools in the fight against illegal drugs. We are now applying these same laws to the illegal prescription drug business, tracing the lucrative proceeds that the sales of these drugs generate.”
According to the allegations contained in the Criminal Complaint unsealed today:
ARAMALLA operates A Fair Deal Pharmacy Inc. in Queens, New York, and Quality Health Drug Inc. in Bronx, New York. Using these pharmacies, ARAMALLA allegedly carried out a multimillion-dollar scheme to defraud New York State Medicaid and Medicare programs through the sale of diverted pharmaceutical drugs, that is, drugs not obtained from legitimate sources.
As part of the scheme, ARAMALLA purchased pharmaceuticals, including high-cost medications used to treat HIV, that were obtained from patients who sold the pharmaceuticals rather than use them to treat their illnesses. ARAMALLA then repackaged and resold those pharmaceuticals to his customers, as if the pharmaceuticals were new drugs obtained from legitimate sources. ARAMALLA requested and received reimbursement from Medicaid and Medicare in connection with these sales, even though Medicaid and Medicare would not have been willing to reimburse the cost of second-hand drugs. In addition, in some cases, Medicaid or Medicare had already paid for the pharmaceuticals when they were initially dispensed. In order to make the diverted pharmaceuticals appear to be new pharmaceuticals from legitimate sources, ARAMALLA and his co-conspirators used lighter fluid and other means to dissolve the adhesive on the patient labels on prescription bottles so that they could be removed and replaced with new labels.
ARAMALLA also sought and obtained reimbursement for pharmaceuticals that were never actually dispensed to patients. Instead, customers with prescriptions for pharmaceuticals essentially “sold” their prescriptions to ARAMALLA, agreeing not to take delivery of the pharmaceuticals in exchange for a share of the reimbursed proceeds.
From October 2010 to August 2012, ARAMALLA purchased approximately $1.7 million of certain branded HIV medications from two legitimate, licensed wholesalers that were his primary sources of legitimate drugs. During that same period, he received approximately $4.3 million in reimbursements from Medicare and Medicaid for those same drugs, an amount far in excess of what he would have been entitled to had he only sought reimbursement for the legitimately obtained drugs.
ARAMALLA, 65, of Port Washington, New York, is charged with one count of conspiracy to commit health care fraud and wire fraud, which carries a maximum term of 20 years in prison, and one count of money laundering, which also carries a maximum term of 20 years in prison. He was ordered detained pending satisfaction of bail conditions, including a $2 million personal recognizance bond.
Mr. Bharara praised the outstanding investigative work of the FBI and the IRS. He also thanked the U.S. Department of Health and Human Services, Office of Inspector General, the New York State Office of Medicaid Inspector General, and the New York City Human Resources Administration.
The New York FBI Health Care Fraud Task Force was formed in 2007 in an effort to combat health care fraud in the greater New York City area. The task force comprises agents, officers, and investigators from the FBI, NYPD, the New York State Insurance Fraud Bureau, U.S. Department of Labor, U.S. Office of Personnel Management Inspector General, U.S. Food and Drug Administration, New York State Attorney General's Office, New York State Office of Medicaid Inspector General, New York State Health and Hospitals Inspector General, and the National Insurance Crime Bureau.
If you think you may have purchased second-hand prescription drugs or were otherwise victimized by this scheme, you can call the FBI Hotline at 212-384-3555.
The case is being prosecuted by the Office’s Complex Frauds Unit. Assistant U.S. Attorney Niketh Velamoor is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. v. Purna Chandra Aramalla Complaint
Major Methamphetamine Dealer Sentenced to 20 Years in Federal PrisonRead the Press Release
Late WV State Police members Corporal Marshall Bailey and Trooper Eric Workman played pivotal role in building case against longtime Clay meth supplier
CHARLESTON, W.Va. – A Clay County man who ran a pipeline that brought large quantities of methamphetamine from North Carolina to West Virginia was sentenced yesterday to 20 years in federal prison, U.S. Attorney Booth Goodwin announced. Raymond Hersman, 47, of Wallback, W.Va., was previously convicted in May for selling methamphetamine. Herman’s sentence was handed down by United States District Court Judge Thomas E. Johnston.
“Raymond Hersman was a significant methamphetamine dealer in and around the Clay County, West Virginia area,” U.S. Attorney Booth Goodwin said. “Today, instead of peddling poison, he’s going to prison.”
Goodwin continued, “This is perhaps the last investigation on which the late Trooper Eric Workman and the late Corporal Marshall Bailey worked. The people of Clay County and of West Virginia are safer because of the brave and skilled work of these two dedicated officers.”
According to evidence revealed during the three-day trial, law enforcement agents began investigating Hersman’s suspected meth distribution scheme in and around Clay County in August 2012. At the time, agents were aided in the investigation by West Virginia State Troopers Cpl. Marshall Bailey and Trooper Eric Workman. Cpl. Bailey and Tpr. Workman, both of whom patrolled the Clay County area, provided essential details to fellow law enforcement agents which outlined Hersman’s methamphetamine operation.
The information provided by Bailey and Workman assisted the investigation and culminated in the criminal conviction of Hersman in May.
Cpl. Marshall Bailey and Tpr. Eric Workman were shot and killed in the line of duty following a traffic stop near Clay County in late August 2012.
Hersman was previously convicted in April 1993 in the United States District Court for the Southern District of West Virginia of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine.
The West Virginia State Police, the Drug Enforcement Administration, and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorneys Monica D. Coleman and John Frail handled the prosecution.